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MiamiMark

I-130 Necessary???

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Posted (edited)

Hi everybody, great website with lots of good information.

I’m hoping someone knows the answer to my question:  

I’m a US Citizen and my fiancée (now wife) entered the US legally pursuant an approved I-129F (K1) Fiancée Visa.

We married within the 90 days, but we did not apply for her AOS with the Form I-485 yet.  Now it is day 120 (so my new wife has already overstayed by 30 days), and my wife is still here in the US with me.

If we had filed the I-485 after getting married and WITHIN the 90 days this wouldn’t be an issue, but since we didn’t (we only married, but didn’t submit the I-485 yet).... do we now need to submit an I-130 (Petition for Alien Relative) with our I-485 since she has now overstayed and is out of status?

Thanks for any advice/assistance you can give us.

Edited by MiamiMark

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3 minutes ago, MiamiMark said:

Hi everybody, great website with lots of good information.

I’m hoping someone knows the answer to my question:  

I’m a US Citizen and my fiancée (now wife) entered the US legally pursuant an approved I-129 (K1) Fiancée Visa.

We married within the 90 days, but we did not apply for her AOS with the Form I-485 yet.  Now it is day 120 (so my new wife has already overstayed by 30 days), and my wife is still here in the US with me.

If we had filed the I-485 after getting married and WITHIN the 90 days this wouldn’t be an issue, but since we didn’t (we only married, but didn’t submit the I-485 yet).... do we now need to submit an I-130 with our I-485?

Thanks for any advice:assistance you can give us.

 

No. Just file for the I-485 and EAD/AP as you would have originally. Overstay will be forgiven, no issues.

 

A lot of people go over the 90 days before filing. The 90 days is just to get married, so long as you fulfilled that, you're fine.

 

You could technically wait years and then just AOS with the I-485 and it's still fine.

 

 


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

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B&Z is right. You married within the 90 days. Overstays are forgiven for spouses.  File and everything is fine.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

 

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~~Moved to AOS Family K1 /K3 from K1 P&P - as the OP is about to get the AOS process going.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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