Adjustment of Status

[Larry & Mira 1]

i am doing paperwork on our AOS . I have a few questions for those knowledgeable.

We got married on a k1 over 1 year and a half. Horribly mislead by Rapid Visa as we should have known better after their unprofessional and costly K1/K2 filing for us.

That AOS has no time limit. I was told I can still use our k1/k2 status though it and I-94 is expired. I was told I could but very scared to loose the thousands this is costing .

What besides the basic request must I include with my AOS application? divorce decrees? my birth certificate and id? pictures of our court house wedding? 

Cant afford a attorney so please follow up with me . Thanks so much 

p.s should i state in cover letter late filing because of Rapid Visa information(no time limit to file k1/k2 adjustment of status ?

thANKS THANKS THANKS

[K1visaHopeful 2,701]

2 minutes ago, Larry & Mira said:

i am doing paperwork on our AOS . I have a few questions for those knowledgeable.

We got married on a k1 over 1 year and a half. Horribly mislead by Rapid Visa as we should have known better after their unprofessional and costly K1/K2 filing for us.

That AOS has no time limit. I was told I can still use our k1/k2 status though it and I-94 is expired. I was told I could but very scared to loose the thousands this is costing .

What besides the basic request must I include with my AOS application? divorce decrees? my birth certificate and id? pictures of our court house wedding? 

Cant afford a attorney so please follow up with me . Thanks so much 

p.s should i state in cover letter late filing because of Rapid Visa information(no time limit to file k1/k2 adjustment of status ?

thANKS THANKS THANKS

I would not mention anything as the onus is on you to know to remain in status (ie. Authorized stay pending AOS approval) you needed to file within 90 days. Blaming someone else for lack of research may set off red flags. 

Ensure you input your legal status as "K1 Visa Holder- Out of Status". That's admitting you understand enough.

[K1visaHopeful 2,701]

Using the AOS guide for K1s on VJ will be helpful.

Joining the current month thread here on VJ for AOS filers will also be helpful as you will be able to ask questions to your peers who are filing now.

 

You can find both using the VJ search bar.

Edited November 26, 2019 by K1visaHopeful

[jaysaldi 209]

I wouldn't blame RapidVisa or call attention to the fact she's out of status.

 

However, I just filed our papers a couple of weeks ago and although we were within the ninety day period, I did notice one or two questions on the I-485 that seemed to ask if you've ever been out of status or present in the USA unlawfully, or present unlawfully for more than a year, or something like that.

 

Read it carefully and if you need any advice about how to answer specific questions on the I-485 in light of her overstay, then ask and maybe one of the gurus here will be able to help you. Good luck.

[Cyberfx1024 7,978]

3 hours ago, Larry & Mira said:

i am doing paperwork on our AOS . I have a few questions for those knowledgeable.

We got married on a k1 over 1 year and a half. Horribly mislead by Rapid Visa as we should have known better after their unprofessional and costly K1/K2 filing for us.

That AOS has no time limit. I was told I can still use our k1/k2 status though it and I-94 is expired. I was told I could but very scared to loose the thousands this is costing .

What besides the basic request must I include with my AOS application? divorce decrees? my birth certificate and id? pictures of our court house wedding? 

Cant afford a attorney so please follow up with me . Thanks so much 

p.s should i state in cover letter late filing because of Rapid Visa information(no time limit to file k1/k2 adjustment of status ?

thANKS THANKS THANKS

Follow the guide below and you will be fine

 

 

[Pitaya 2,577]

6 hours ago, Larry & Mira said:

i am doing paperwork on our AOS . I have a few questions for those knowledgeable.

We got married on a k1 over 1 year and a half. Horribly mislead by Rapid Visa as we should have known better after their unprofessional and costly K1/K2 filing for us.

That AOS has no time limit. I was told I can still use our k1/k2 status though it and I-94 is expired. I was told I could but very scared to loose the thousands this is costing .

What besides the basic request must I include with my AOS application? divorce decrees? my birth certificate and id? pictures of our court house wedding? 

Cant afford a attorney so please follow up with me . Thanks so much 

p.s should i state in cover letter late filing because of Rapid Visa information(no time limit to file k1/k2 adjustment of status ?

thANKS THANKS THANKS

I wouldn't bother trying to point the finger at any group, it simply doesn't portray you in a very good light.  You learned, move on, take care of your own business.

 

You have a lot to do to get up to speed and back in status. As it presently stands, the beneficiary (foreign spouse-FS) is out of status, can't really tell who is who, your timeline is vacant. . Since the FS is out of status and you live in a state near the southern border, the FS could run afoul of a CBP roving checkpoint. If that happens, the FS may be detained, until they can plead their case before an immigration judge. It has been estimated that the immigration court system currently has over a million pending cases. The prez recently signed an executive order, instructing CBP and ICE agents to initiate "enhanced immigration enforcement." The FS should likely steer clear of bus terminals, train stations and airports. CBP agents have been known to lurk around the domestic air terminals looking for out of status folks. You guys need to file for AOS/EAD/AP (I-485/I-765/I-131) as soon as possible. After you file and receive your AOS NOA1 receipt, the FS will acquire a protected status, since the FS will then be awaiting their AOS processing. Keep that NOA1 receipt with your other papers (valid passport, copy of marriage certificate) with you. 👍 With successful processing of the I-765 (EAD - Employment Authorization Document) and the I-131 (Advanced Parole -AP) applications, the FS will be able to get a SSN, work, get a state ID card, state Driver's License (check specific State requirement for details) and travel back home to their home country to visit their family.

 

The links below are what you will need to thoroughly read, understand and do to get through your AOS process.

https://www.uscis.gov/i-485

https://www.visajourney.com/guides/adjustment-of-status-k1-k3-visas/

https://www.visajourney.com/guides/adjustment-of-status-tips-k1-k3-visas/

https://www.uscis.gov/forms-filing-tips

https://www.visajourney.com/forms/examples/

 

The first link has a new alert about the specific form you will need to I-485 form you will have to use. Be sure to read all of the sections in the link. Several of the VJ example forms are outdated, though still useful. Please keep in mind that this is a Do-It-Yourself (DIY) site. You have a lot of learning and reading to do. If after doing that, feel free to ask if you still have questions. There are thousands of couples that have successfully used this site to complete their immigration journeys.   Try to sign up and get involved with one of the monthly AOS groups in the AOS Progress Forum. 

 

Good luck on your immigration journey.