I-485 Rejected after my 90-day period.

[AgiJA 4]

Hi!

 

I really need some help and insight here.

 

I entered US in a K1 visa. I married my Fiance within 90 days and filed my I-485 3 weeks before the end of my 90-day period (which is March 16).

 

However, I received a Rejection Notice (dated March 17) because the APPLICATION WAS FILED ON AN OUTDATED VERSION OF THE FORM.

 

USCIS just wants me to resubmit the application on the current version. And that's fine with me and my now-husband.

 

My only concern is that my 90 days is over. Am I out of status already? Am I now illegally overstaying in the US? Should I resubmit even if 90 days is past due?

 

Thank you to anyone who would share their advice. Little things help.

 

God bless!

[payxibka 10,044]

Get it in asap.  They will accept it 

[Greenbaum 12,258]

Once your new documents are submitted you are now in a waiting stage and you will not be out of status. Without the AOS then yes you would be out of status. Yours, is fine, but getr down soon.

[AgiJA 4]

1 hour ago, payxibka said:

Get it in asap.  They will accept it 

Oh, God! I will, ASAP!

 

Thank you so much!

[AgiJA 4]

1 hour ago, Greenbaum said:

Once your new documents are submitted you are now in a waiting stage and you will not be out of status. Without the AOS then yes you would be out of status. Yours, is fine, but getr down soon.

So it's fine even if my 90 days is over?

 

I will resend it asap (tomorrow)!

 

Thank you very much. 

[LionessDeon 2,060]

6 minutes ago, AgiJA said:

So it's fine even if my 90 days is over?

 

I will resend it asap (tomorrow)!

 

Thank you very much. 

So people get married within the final days of the 90 period. You don’t have to have any paperwork in by then just be married by then. 

[AgiJA 4]

1 hour ago, LionessDeon said:

So people get married within the final days of the 90 period. You don’t have to have any paperwork in by then just be married by then. 

Wow! I didn't know this!

 

All the people I've asked before told me to "submit your AOS right after getting married or you'll be out of status.

 

Thank you for this!

[geowrian 22,335]

3 hours ago, AgiJA said:

Wow! I didn't know this!

 

All the people I've asked before told me to "submit your AOS right after getting married or you'll be out of status.

 

Thank you for this!

They weren't wrong, but there's 2 issues here...

 

1) The ability to AOS based upon the K-1 & married within 90 days. This remains possible up until the point somebody is actually removed from the country. The overstay is not a bar to AOS as the IR of a USC.

2) Overstay / Being out of status. This starts at day 91.

[Ryan H 3,790]

Moved from K1 Progress Reports to Adjustment of Status from K Visas forum.

[African Zealot 1,452]

8 hours ago, AgiJA said:

Should I resubmit even if 90 days is past due?

What alternative do you have? Not submit and return to your country instead? You have no alternative even if it’s 1000 days past due.

[Just Paul 4,591]

9 hours ago, AgiJA said:

I entered US in a K1 visa. I married my Fiance within 90 days and filed my I-485 3 weeks before the end of my 90-day period (which is March 16).

Make sure you include the I-944 in the packet as it is now required.

[arken 4,197]

13 hours ago, AgiJA said:

My only concern is that my 90 days is over. Am I out of status already?

Yes, but don’t worry, just file for AOS so this time with correct version and forms so they accept it. Once they accept it and send you the NOA1, you are in the authorized stay period until the decision is made. Your being out of status will not affect the processing.

Edited March 22, 2020 by arken

[Greenbaum 12,258]

12 hours ago, LionessDeon said:

So people get married within the final days of the 90 period. You don’t have to have any paperwork in by then just be married by then. 

The visa expired when you clear POE... it is kaput, done, 'Hasta la vista, baby', zip, over with.  

 

The I-94 is the document for legal status once you entered the USA, and it expires in 90 days from the date you cleared POE, until you file AOS you are out of status. Those are the rules baby.

 

Here is a good example why you don't want to be out of status and not filing the AOS within the 90 days.

 

https://www.visajourney.com/forums/topic/712332-k1-visa-ice-came-to-my-house/#comments

 

Edited March 22, 2020 by Greenbaum

[Bjh 39]

9 hours ago, Paul & Mary said:

Make sure you include the I-944 in the packet as it is now required.

I second this.

 

1. Credit report/score - if your wife/husband has a US SSN, make sure to get a copy of their credit report/score. Sometimes they have a credit report/score even if they don't have a US SSN, my wife has one probably because she's an authorized user on one of my credit cards. This can take 5-7 business days to receive (it's sent by snail mail, there's no way around it :/) so make sure to order it ASAP!

2. Health insurance proof - make sure to get proof of health insurance coverage. My wife is on my plan but doesn't have her own ID, just make sure to get a letter from your insurer (if you have added her).

 

Edited March 22, 2020 by Bjh

[AgiJA 4]

4 hours ago, Greenbaum said:

The visa expired when you clear POE... it is kaput, done, 'Hasta la vista, baby', zip, over with.  

 

The I-94 is the document for legal status once you entered the USA, and it expires in 90 days from the date you cleared POE, until you file AOS you are out of status. Those are the rules baby.

 

Here is a good example why you don't want to be out of status and not filing the AOS within the 90 days.

 

https://www.visajourney.com/forums/topic/712332-k1-visa-ice-came-to-my-house/#comments

 

You have been super helpful, Sir.

 

Thank you and God bless!