I'm in US - Considering to abandon K1 for Green Card Process

[pushbrk 12,115]

8 minutes ago, lunajo said:

 

If I were to ever leave the US in this circumstances now, it would be to Singapore in mid or late next year as my partner is planning to attend business school there next year. Till then, we have no reason to leave US (sorry, family back home). I will definitely apply for AP.

 

I have a question: my current ESTA admission is valid until 6 September 2020. At what point of the application timeline am I eligible to stay in the US for a prolonged period of time? Once I submit the forms or only when I received notification that the forms are received?

 

It doesn't really matter, but it's when they receive the forms and payment.  Once that happens, any overstay would be forgiven once the I-485 is approved.

[KurtDarryl23 14]

We are in a very similar situation too. We have had satisfactory departure granted due to illness since the end of May, it’s due to expire on the 22nd August and my partner is wanting to marry so we can be together given the volatile nature of the world right now and not being able to be there for one another.

 

We have had our K1 at the NVC since April and the UK Embassy doesn’t seem in a rush to Start working through K1’s.

 

Even if you file late, does the authorised stay go back to your last day of authorised status on the satisfactory departure?

 

Also do you need medical notes from your home country for the Medical in the US or do they evaluate you themselves?

 

Thanks all!

[FattieBanton 35]

I had started k1 process for my foreign fiance but then my kids had to be evacuated by the us embassy and she was allowed to accompany them here to the US. Advice i got from this forum is to do i-130 instead. So thats what we're doing. Got married last week, doing the paperwork now. There's A LOT more paperwork, but i'm hopeful this is the way to go.

[lunajo 1]

16 hours ago, pushbrk said:

It doesn't really matter, but it's when they receive the forms and payment.  Once that happens, any overstay would be forgiven once the I-485 is approved.

 

I understand that I can file I-130 online (which is quicker than mail) but for I-485 form, it seems like it still need to sent by mail. In this case, should I submit I-130 and I-485 separately or should I send hard copies of both forms by mail? 

 

The current "Avg. Days to 1st NOA" for 1-130 is 9 days. If I receive this 1st NOA, just that mean that I can stay on in US to complete my AOS?

 

If this is not an indication that my forms are received, how else would I know?

 

[lunajo 1]

1 hour ago, KurtDarryl23 said:

We are in a very similar situation too. We have had satisfactory departure granted due to illness since the end of May, it’s due to expire on the 22nd August and my partner is wanting to marry so we can be together given the volatile nature of the world right now and not being able to be there for one another.

 

We have had our K1 at the NVC since April and the UK Embassy doesn’t seem in a rush to Start working through K1’s.

 

Even if you file late, does the authorised stay go back to your last day of authorised status on the satisfactory departure?

 

Also do you need medical notes from your home country for the Medical in the US or do they evaluate you themselves?

 

Thanks all!

 

Yes, similar situation!

 

"Even if you file late, does the authorised stay go back to your last day of authorised status on the satisfactory departure?" - I am unsure what this means but I am checking whether I can stay on in the US to complete AOS once I received I-130 NOA1.

 

Regarding the medical, this is what I read: "The medical must be done by a CIS accredited doctor. Your CIS office should give you a list of CIS accredited doctors in your area, if not check with your local office to get one." I have a soft copy of a full body examination done in 2019 and will bring the report when I do a medical check-up later on to determine whether I can skip certain tests. 

[lunajo 1]

31 minutes ago, FattieBanton said:

I had started k1 process for my foreign fiance but then my kids had to be evacuated by the us embassy and she was allowed to accompany them here to the US. Advice i got from this forum is to do i-130 instead. So thats what we're doing. Got married last week, doing the paperwork now. There's A LOT more paperwork, but i'm hopeful this is the way to go.

 

Congrats! Regarding the marriage certificate, do you get the document on the day itself at the county office or do the office mail it to you?

[KurtDarryl23 14]

11 minutes ago, lunajo said:

 

Yes, similar situation!

 

"Even if you file late, does the authorised stay go back to your last day of authorised status on the satisfactory departure?" - I am unsure what this means but I am checking whether I can stay on in the US to complete AOS once I received I-130 NOA1.

 

Regarding the medical, this is what I read: "The medical must be done by a CIS accredited doctor. Your CIS office should give you a list of CIS accredited doctors in your area, if not check with your local office to get one." I have a soft copy of a full body examination done in 2019 and will bring the report when I do a medical check-up later on to determine whether I can skip certain tests. 

I believe you can file the I130 and AOS together in the same packet. The I130 doesn’t give you authorised stay, but if filed with the AOS at the same time and your an IR of a USC you will be granted authorised stay both are adjudicated.

 

Someone please correct me if I’m wrong. 
 

 

My question was regarding when the authorised period of stay starting and ending, if I file late is it only authorised from that date the AOS is received or do you actually accrue some overstay. 
 

It would be great to know that if the AOS is denied, does the unauthorised stay only start to then accrue from the date of denial or from when the AOS was received.

[FattieBanton 35]

37 minutes ago, lunajo said:

 

Congrats! Regarding the marriage certificate, do you get the document on the day itself at the county office or do the office mail it to you?

different states do things differently.

 

i had the ceremony friday evening. the officiant was willing to take it to court monday morning for me but i told her i'd do it myself. monday morning and in about 10 minutes they had me good to go with a certificate. they also mailed one to me that i got about a week later so now i have two

[lunajo 1]

On 8/9/2020 at 6:23 PM, Pickle_slushy said:

We were in a similar situation. We decided to abandon it and we're getting married in a week then submitting new paperwork (filing i845 and i130 concurrently). If she came in March, then it's been plenty of time to say she didn't come here with the intention to get married. 

 

Hi - can I check how you abandon your K1 petition. Did you indicate this in a separate document in your I130 packet or in your cover letter? Thanks!

[lunajo 1]

1 hour ago, FattieBanton said:

I had started k1 process for my foreign fiance but then my kids had to be evacuated by the us embassy and she was allowed to accompany them here to the US. Advice i got from this forum is to do i-130 instead. So thats what we're doing. Got married last week, doing the paperwork now. There's A LOT more paperwork, but i'm hopeful this is the way to go.

 

Hi - can I check how you abandon your K1 petition. Did you indicate this in a separate document in your I130 packet or in your cover letter? Thanks!

[Pickle_slushy 4]

7 minutes ago, lunajo said:

 

Hi - can I check how you abandon your K1 petition. Did you indicate this in a separate document in your I130 packet or in your cover letter? Thanks!

Yes, we wrote a letter explaining our situation. As far as I know there is no formal way of withdrawing it. On the I130 there is a section where it asks if you've submitted a previous petition for this person. I selected yes, and wrote in my reason as withdrawn k1. 

[geowrian 22,335]

2 hours ago, KurtDarryl23 said:

Even if you file late, does the authorised stay go back to your last day of authorised status on the satisfactory departure?

If you file after your I-94 expires (and beyond any other period of authorized stay, like a 30 day satisfactory departure), then you would accrue unlawful presence from the date that ended until you properly file the AOS packet.

Starting at day 1 of overstay, any existing visa is automatically revoked, and VWP travelers (ESTA users) would become permanently ineligible for the VWP in the future.

Overstay is not a bar to AOS as the IR of a USC.

 

Quote

Also do you need medical notes from your home country for the Medical in the US or do they evaluate you themselves?

You must see a Civil Surgeon in the US to complete an I-693 as part of the AOS packet. If the I-693 is completed within 60 days prior to filing the AOS packet, it is valid for 2 years.

You can elect to file the AOS packet without the I-693. They will eventually send a notice of deficiency as a reminder to have the I-693 for the interview (or they will RFE for it if the interview is waived...the interview being waived is generally not available for a spousal relationship).

 

56 minutes ago, KurtDarryl23 said:

I believe you can file the I130 and AOS together in the same packet. The I130 doesn’t give you authorised stay, but if filed with the AOS at the same time and your an IR of a USC you will be granted authorised stay both are adjudicated.

Yes, the I-130 and I-485 can be filed in the same packet for anybody where has an immigrant visa number available immediately. IRs of a USC always do.

A properly filed I-485 grants a period of authorized stay. This applies for anybody, not just IRs of a USC.

 

Quote

My question was regarding when the authorised period of stay starting and ending, if I file late is it only authorised from that date the AOS is received or do you actually accrue some overstay. 

You actually accrue some overstay if it is filed after your period of legal status and authorized stay.

 

Quote

It would be great to know that if the AOS is denied, does the unauthorised stay only start to then accrue from the date of denial or from when the AOS was received.

While the I-485 is pending, the unlawful presence is tolled. It is not eliminated but it does not accrue either.

 

Say you overstayed by 10 days then filed the I-485.

Then the I-485 was denied for some reason (e.g. you got an RFE but never responded).

Upon denial, unlawful presence accrues again. This does not start over from day 1 but from whatever it was prior to fling the I-485. Since you filed 10 days late, the first day after denial would be the 11th day of unlawful presence.

Edited August 11, 2020 by geowrian

[lunajo 1]

My ESTA expires 7 September 2020. My partner and I are planning to get a marriage certificate in the week of 24 August, and to submit the paperwork in the same week (we will prepare the docs in the meantime). Do you think that will give us enough time to get our first notification that our application is received, so that I can continue to stay in the US? 

 

We can also get the marriage cert this week, if it helps in the timeline... but sending the paperwork in week of 24 Aug is preferred. 

[sweetadams 138]

1 hour ago, lunajo said:

My ESTA expires 7 September 2020. My partner and I are planning to get a marriage certificate in the week of 24 August, and to submit the paperwork in the same week (we will prepare the docs in the meantime). Do you think that will give us enough time to get our first notification that our application is received, so that I can continue to stay in the US? 

 

We can also get the marriage cert this week, if it helps in the timeline... but sending the paperwork in week of 24 Aug is preferred. 

That will be cutting it close due to the current situations of offices being closed. I would suggest you do an overnight delivery with signature of receiver requested (USPS does a good job for me with this), it can get you into the system and you will be fine. I won't worry about it too much provided you send it on that day to be on the safe side.

[pushbrk 12,115]

4 hours ago, lunajo said:

 

I understand that I can file I-130 online (which is quicker than mail) but for I-485 form, it seems like it still need to sent by mail. In this case, should I submit I-130 and I-485 separately or should I send hard copies of both forms by mail? 

 

The current "Avg. Days to 1st NOA" for 1-130 is 9 days. If I receive this 1st NOA, just that mean that I can stay on in US to complete my AOS?

 

If this is not an indication that my forms are received, how else would I know?

 

File everything at one time, by mail.  It's called a concurrent filing for a reason.  The other way you know they received your forms and payment is when the checks (two separate ones) get cashed.  I don't understand your concern with the date.  You can file after overstaying several years and have the same result.  If you want tile before your allowed stay expires, then be sure to do that.  It's just a date on the calendar.  Work with it.

 

Online filing of the I-130 can save a couple days in a process that's going to take more than a year, but it is a very bad idea when your goal is a concurrent filing.  Filing BOTH the I-130 and I-485 is what does the magic you want.  That cannot be done online at this time.