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I-485 question

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Hello, VJ community!

 

I have a question about the I-485 form. My wife (then fiancée) came here on a K-1 visa. We got married within 30 days of her arrival in the United States. We are currently completing her AOS package. In the I-485 application, under Part 1, Question 24, it asks: "What is your current immigration status (if it has changed since your arrival)?". I am predicting that by the time we officially send the AOS package, it will be AFTER 90 days of her arrival in the United States. Like I said earlier, we got married within 90 days of her arrival here (in under 30 days). What would we put for Question 24 under Part 1 for her if she got married within 30 days (out of the 90 day requirement) but, is submitting the AOS package (I-485, I-765, I-131) after 90 days of her arrival? Her I-94 would be expired at this point, too. Would she still put "K-1 Visa Applicant" as the answer for Question 24 under Part 1? Or, would she put something along the lines of "Out of Status"?

 

Many thanks in advance to anybody who provides input. Any help would be greatly appreciated.

 

Sincere regards.

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46 minutes ago, barashka said:

Hello, VJ community!

 

I have a question about the I-485 form. My wife (then fiancée) came here on a K-1 visa. We got married within 30 days of her arrival in the United States. We are currently completing her AOS package. In the I-485 application, under Part 1, Question 24, it asks: "What is your current immigration status (if it has changed since your arrival)?". I am predicting that by the time we officially send the AOS package, it will be AFTER 90 days of her arrival in the United States. Like I said earlier, we got married within 90 days of her arrival here (in under 30 days). What would we put for Question 24 under Part 1 for her if she got married within 30 days (out of the 90 day requirement) but, is submitting the AOS package (I-485, I-765, I-131) after 90 days of her arrival? Her I-94 would be expired at this point, too. Would she still put "K-1 Visa Applicant" as the answer for Question 24 under Part 1? Or, would she put something along the lines of "Out of Status"?

 

Many thanks in advance to anybody who provides input. Any help would be greatly appreciated.

 

Sincere regards.

As long as you file for AOS before the 90 days...your wife is in status.  If you answer K-1 visa is fine


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

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I would leave this section blank just like the example form here.  I think it really is for if someone changes their visa type, etc.  I wouldn't worry about it.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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7 hours ago, barashka said:

Hello, VJ community!

 

I have a question about the I-485 form. My wife (then fiancée) came here on a K-1 visa. We got married within 30 days of her arrival in the United States. We are currently completing her AOS package. In the I-485 application, under Part 1, Question 24, it asks: "What is your current immigration status (if it has changed since your arrival)?". I am predicting that by the time we officially send the AOS package, it will be AFTER 90 days of her arrival in the United States. Like I said earlier, we got married within 90 days of her arrival here (in under 30 days). What would we put for Question 24 under Part 1 for her if she got married within 30 days (out of the 90 day requirement) but, is submitting the AOS package (I-485, I-765, I-131) after 90 days of her arrival? Her I-94 would be expired at this point, too. Would she still put "K-1 Visa Applicant" as the answer for Question 24 under Part 1? Or, would she put something along the lines of "Out of Status"?

 

Many thanks in advance to anybody who provides input. Any help would be greatly appreciated.

 

Sincere regards.

PS she isnt a "K1 Visa Applicant" anyways. She is a "K1 Visa Holder" or something to that effect. Applicant means she has not been approved for K1 yet.

Edited by K1visaHopeful

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Thank you all for the responses. So, basically, since she got married to me within 90 days, she is still in status and her current status will still be “K-1 visa”, even if we submit the AOS after her I-94 expires? I thought about putting “Out of Status” for this question, initially, but, it seems as long as she fulfilled the requirement of getting married within 90 days, she should be good?

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43 minutes ago, barashka said:

Thank you all for the responses. So, basically, since she got married to me within 90 days, she is still in status and her current status will still be “K-1 visa”, even if we submit the AOS after her I-94 expires? I thought about putting “Out of Status” for this question, initially, but, it seems as long as she fulfilled the requirement of getting married within 90 days, she should be good?

Correct.


Petitioner: USC | Applicant: B2 | (c)9 AOS (Marriage)

07/31/18: Filed I-130, I-130A

08/01/18: Delivered Potomac Processing Center

08/07/18: Text/Mail Notifications (for I-130)

08/14/18: Hard Copy NOA (for I-130)

08/24/18: Mailed I-485, I-765, I-864

08/27/18: Delivered

08/31/18: Filed

09/04/18: Text Notifications (for I-485, I-765, I-864)

09/06/18: Hard Copy NOA (for I-485, I-765, I-864)

09/14/18: Biometrics letter rec'd

09/26/18: Biometrics appt completed

10/02/18: Ready for interview to be scheduled.

...Waiting....

 

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On ‎10‎/‎15‎/‎2018 at 2:28 PM, Chocobo said:

Correct.

I read some responses on this site for this particular question that varied from "Put it as Out of Status" to "You need to submit a I-130". :D

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