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Nadia&Farouk

Filing Adjustment of Status After K1 Visa expires

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Hi everyone, 

 

My husband (then fiancee) came to the US on a K1 visa back in November. We were married within the first week of his arrival to the US. His K1 visa expires on Feb 14, 2019 which is in 2 days and also, coincidentally Valentine's Day lol. We finally just got the funds for the $1225 adjustment of status + biometrics fee. However I am waiting on my tax transcripts (which I ordered over a week and half ago) to arrive in the mail so that I can add them to the affadavit of support. I think we will be late in filing his Adjustment of Status. Will this be a legal problem or penalty in regards to the green card? As fas as his medical, I've read that it is good for a year (his medical exam was completed back in August 2018).  

 

-Nadia

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8 minutes ago, Nadia&Farouk said:

Hi everyone, 

 

My husband (then fiancee) came to the US on a K1 visa back in November. We were married within the first week of his arrival to the US. His K1 visa expires on Feb 14, 2019 which is in 2 days and also, coincidentally Valentine's Day lol. We finally just got the funds for the $1225 adjustment of status + biometrics fee. However I am waiting on my tax transcripts (which I ordered over a week and half ago) to arrive in the mail so that I can add them to the affadavit of support. I think we will be late in filing his Adjustment of Status. Will this be a legal problem or penalty in regards to the green card? As fas as his medical, I've read that it is good for a year (his medical exam was completed back in August 2018).  

 

-Nadia

His K1 expired the moment he crossed the US border. What's important is the I-94 date. After the I-94 expires DHS is allowed to deport him, but it doesn't really happen and overstay is forgiven since you're married. Still it's better to file the AOS asap so he has a legal status again. There won't be any fines.

 

Keep in mind, they only want the most recent tax return. In your case that's still 2017 and the tax season isn't over yet, so you don't have to send your 2018 taxes. If you didn't make the required 125% in 2017 and you did in 2018 it is wise to wait for the tax return, otherwise I would say just file with the 2017 return and take the 2018 return to the interview.

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Not an issue to file late. Only issue would be between the date of I-94 expiring and when you file for AOS if you were to somehow get detained by immigration enforcement for overstay. Possible? Yes. Likely to happen if it's just a matter of days/weeks? No.

medical should still be fine.

 

Have you tried just getting the tax transcripts online? You can print them almost instantly. USCIS accepts it fine.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I tried getting tax transcripts but for some reason I wasn't able to access them. I finally did get them in the mail a few days ago and you're right 2018 hasn't been processed yet, so I am using my 2017 Tax transcript as the most recent. I also am attaching the photocopies of 2016, and 2015 tax transcripts (which is optional according to the affadavit of support). Thank you for answering my question, if this is the case we will be fine then. I just hope another possible government shutdown doesn't affect the processing of my husband's adjustment of status.

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