Form I-485 - Part 1 Q24, Part 2 Q12

[someonetookmyname 2]

I am applying for AOS on an ESTA after getting married. I am struggling to find how the answer these questions correctly. I have checked the official instructions too. 

 

Part 1 Q24 - Does my immigration status automatically change once married? If so/not what I should put? 

 

Part 2 Q12 - What information should I put or do I leave blank? I have a K1 visa 

 

Also, we didn't use a interpreter, shall we leave it blank or put n/a ?

 

Thank 

[Crazy Cat 39,226]

Marriage, in itself, conveys no immigration status or immigration bebefit.

[someonetookmyname 2]

11 minutes ago, someonetookmyname said:

Part 2 Q12 - What information should I put or do I leave blank? I have a K1 visa 

Typo - I have a K1 visa pending

So my immigration status would be the same as I entered?

[eirinlinn 105]

Expect it to be hard to prove that you weren't coming here intending to marry. But it all depends on your circumstances. 

But it's going to be very hard for a immigration officer to believe since you have a K1 pending. You need to withdraw your K1 visa if you are already married. 

 

Edited February 23, 2021 by eirinlinn

[someonetookmyname 2]

1 minute ago, eirinlinn said:

Expect it to be hard to prove that you weren't coming here intending to marry. But it all depends on your circumstances. 

But it's going to be very hard for a immigration officer to believe since you have a K1 pending.

 

But why would someone apply for K1 visa then apply for AOS? It seems like a waste of money. We haven't even received NOA1 for it and its been 2 months

[eirinlinn 105]

9 minutes ago, someonetookmyname said:

But why would someone apply for K1 visa then apply for AOS? It seems like a waste of money. We haven't even received NOA1 for it and its been 2 months

 

If you are in the States right now you might run into problems, trying to prove that the marriage was spontaneous and not planned (intercepting the K1 process). You most likely won't have any problems but I would keep every shred of evidence that you can that it was a spur of the moment wedding/elopment. 

 

 

 

 

Edited February 23, 2021 by eirinlinn

[someonetookmyname 2]

1 minute ago, eirinlinn said:

 

If you are in the States right now you might run into problems, trying to prove that the marriage was spontaneous and not planned (intercepting the K1 process). You most likely won't have any problems but I would keep every shred of evidence that you can that it was a spur of the moment wedding/elopment. 

 

 

 

 

What evidence do you think would suffice? It was genuinely not intended. Also, do you think we should cancel the K1 visa?

[eirinlinn 105]

4 minutes ago, someonetookmyname said:

What evidence do you think would suffice? It was genuinely not intended. Also, do you think we should cancel the K1 visa?

 

I would write in your cover letter to explain your circumstance. I think most of the questions will come up in the interview many months from now though. I think having evidence that your wedding was like a justice of the peace kind of circumstance would help corroborate this. 

 

I'm not sure about the withdrawal of the K1. I would think you would want to formally withdraw it with an explanation. 

 

 

Edited February 23, 2021 by eirinlinn

[someonetookmyname 2]

Okay, thank you. I'll try to reach a professional immigration officer to see what they would advise about cancelling. 

 

I didn't understand your last sentence, could you explain what you meant?

 

[Crazy Cat 39,226]

38 minutes ago, someonetookmyname said:

What evidence do you think would suffice?

No such evidence will be needed.  I challenge to find a case where that evidence was asked for.

[HRQX 4,145]

1 hour ago, someonetookmyname said:

Part 1 Q24

It hasn't changed, so leave it blank.

 

For Q23.c. answer is "WT"

1 hour ago, someonetookmyname said:

Part 2 Q12 - What information should I put or do I leave blank?

Put "N/A" because the I-130 is going to be filed concurrently.

 

I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

1 hour ago, eirinlinn said:

Expect it to be hard to prove that you weren't coming here intending to marry. But it all depends on your circumstances.

Nope. It's not an issue; see Matter of Battista and Matter of Cavazos. For Immediate Relatives of US Citizen intent is determined at entry, not at the AOS interview.

[someonetookmyname 2]

2 hours ago, HRQX said:

Chicago Lockbox:

Do you have to the send the application forms to Chicago? We're in California state

 

Also, what happens if you overstay your tourist visa after getting married? Because most likely USCIS won't get our AOS package before the 90 days are up

[HRQX 4,145]

1 hour ago, someonetookmyname said:

Do you have to the send the application forms to Chicago? We're in California state

Chicago Lockbox is the filing location: https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status

"A spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with either an approved Form I-130 or you are filing Form I-485 together with Form I-130;"

USCIS Chicago Lockbox

U.S. Postal Service (USPS):

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

1 hour ago, someonetookmyname said:

Also, what happens if you overstay your tourist visa after getting married? Because most likely USCIS won't get our AOS package before the 90 days are up

All you can do is file ASAP. Realistically, odds of a quick adverse action by ICE is very low. At the I-485 interview it's not an issue: "when he got to the question about if you ever violated terms and conditions of your immigration status he just said “and you overstayed your esta?” I said yes and he moved on..."

 

[Demise 1,096]

14 hours ago, someonetookmyname said:

I am applying for AOS on an ESTA after getting married. I am struggling to find how the answer these questions correctly. I have checked the official instructions too. 

 

Part 1 Q24 - Does my immigration status automatically change once married? If so/not what I should put? 

 

Part 2 Q12 - What information should I put or do I leave blank? I have a K1 visa 

 

Also, we didn't use a interpreter, shall we leave it blank or put n/a ?

 

Thank 

P1 Q24 - Visa Waiver Tourist (WT) or Visa Waiver Business (WB). Consult your I-94 if you're not sure. It's not super important how you word it. If you overstayed it then say for example "Visa Waiver Tourist (WT) Overstay". No, your immigration status does not change upon marriage.

P2 Q12 - Since you will most likely concurrently file I-130 with your I-485 you'd leave this field blank or type in "N/A".

[Demise 1,096]

9 hours ago, someonetookmyname said:

Do you have to the send the application forms to Chicago? We're in California state

 

Also, what happens if you overstay your tourist visa after getting married? Because most likely USCIS won't get our AOS package before the 90 days are up

In this specific case (AOS via marriage to a US Citizen) the overstay is completely overlooked.