Jump to content
Crane424

we quit K1 now just got married in the state, having some questions

 Share

11 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

I entered the state on June 11 with ESTA, we already filed k1 back in May but we decide to leave it as covid is getting worse and we dont know when will we get approved. 

Got married at county court on August 19, start preparing I-130 and 130A we gonna filed it online. 

I am still waiting for my family to post some documents from Taiwan, haven't make appointment for health check yet. 

 

Q1. Should we mention we already applied for K1 before? 

 

Q2. Can we filed I-130 and 130A online first, then file I-485 later ? 

 

Q3. In I-485 it will require health check report to go with it? or it can be file them separately?  or what's the best filing sequence for better and faster result of my legal staying? 

 

Q4. I got reckless driving ticket back in July, we already hired a lawyer to help, my court date is 9/9, he is not sure if he can drop the charges, but if not will this effect my state adjustment? 

 

Q5. What's the difference between file the documents before my 90 days ESTA expired and file it after 90 days? 

 

 

any information or experience are welcome, really grateful with this big family!

Kate and Kyle

Link to comment
Share on other sites

11 minutes ago, Crane424 said:

Should we mention we already applied for K1 before?

The petitioner must answer Yes to "Have you EVER previously filed a petition for this beneficiary or any other alien?" question on Form I-130.

11 minutes ago, Crane424 said:

Can we filed I-130 and 130A online first, then file I-485 later ?

Yes. After filing I-130 and 130A online, print out the I-797C receipt notice and include that as part of the I-485 filing.

I-130-Receipt-Notice-781x1024.jpg

14 minutes ago, Crane424 said:

health check report

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

  • Concurrently with the immigration benefit application; or

  • At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

15 minutes ago, Crane424 said:

reckless driving ticket

Reckless driving is a criminal misdemeanor case. Regardless of the ticket case result it must be fully disclosed: https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf "you were EVER charged for any reason (even if you were not arrested) anywhere in the world, including the United States"

20 minutes ago, Crane424 said:

What's the difference between file the documents before my 90 days ESTA expired and file it after 90 days?

Not much. After the 90 days pass you won't have a lawful status but properly filing form I-485 results in a period of stay authorized by the Secretary of Homeland Security. https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF "As discussed in chapters 40.9.2(b)(2) and (3), there are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawful presence. As a matter of prosecutorial discretion, DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending. In this sense, the alien's remaining can be said to be "authorized." However, the fact that the alien does not accrue unlawful presence does not mean that the alien's presence in the United States is actually lawful."

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: India
Timeline

Yes,  you should always be truthful about your previous filing, otherwise USCIS will find out anyway in their system. Just be truthful.

 

Secondly, withdraw that K-1 pending petition/case because you don’t qualify for that anymore because k-1 is not for married couple.

 

In my personal opinion..now it doesn’t matter of waiting for 90 days because you are already married...but some will chime in to guide you in a right direction...but it would be beneficial if you could wait as long as you can to file the paperwork so that it won’t be considered a pre-conceived intent to adjust your status in the US.

 

As for the reckless driving ticket, then were you charged for it? If so, what kind of charge? If you were just fined, then how much fine? It all depends on how much you are fined for or what kind of charges are filed for that reckless driving...without that information, I can not tell you anything. 

 

I personally believe that its better to file everything together...don’t rush things out...you can submit scanned documents than waiting manually to get those from Taiwan...and you can get your medical done right away over here as well...Again, I would file everything together to process quickly, otherwise you would risk delay, REF or denial....

Edited by TWISTIE
Link to comment
Share on other sites

7 minutes ago, TWISTIE said:

but it would beneficial if you could wait as long as you can to file the paperwork so that it won’t be considered a pre-conceived intent to marry and adjust your status in the US.

If you are referring to DOS 90-day rule then that is not an issue for adjustment of status interview: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021

This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.

9 minutes ago, TWISTIE said:

I don’t know if I-130 (along with I-130A) could be filed without I-485 to adjust status on a marriage case while being in US...

They can be filed separately: https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf "Immediate relatives do not have to wait until Form I-130 is approved to file Form I-485. You may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved."

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: India
Timeline
18 minutes ago, HRQX said:

If you are referring to DOS 90-day rule then that is not an issue for adjustment of status interview: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021

This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.

They can be filed separately: https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf "Immediate relatives do not have to wait until Form I-130 is approved to file Form I-485. You may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved."

I made a typo mistake. What I meant- I do not know if I-130 and I-130A can NOT be filed together with I-485. I thought all these applications/petitions need to be filed together as I was a couple years ago. Now things have changed...so now USCIS allows filing of I-130 online and also allow filing I-130 without I-485 which was not the case many years back when last time I filed for my ex...

 

I was not talking anything about DOS 90 days rule, rather I was actually talking about a preconceived intent which OP might get subjected to if filing would occur within 90 days of arrival. I know nothing about DOS 90 days rule. 

Link to comment
Share on other sites

  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline
On 8/23/2021 at 8:21 AM, HRQX said:

The petitioner must answer Yes to "Have you EVER previously filed a petition for this beneficiary or any other alien?" question on Form I-130.

Yes. After filing I-130 and 130A online, print out the I-797C receipt notice and include that as part of the I-485 filing.

I-130-Receipt-Notice-781x1024.jpg

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

  • Concurrently with the immigration benefit application; or

  • At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

Reckless driving is a criminal misdemeanor case. Regardless of the ticket case result it must be fully disclosed: https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf "you were EVER charged for any reason (even if you were not arrested) anywhere in the world, including the United States"

Not much. After the 90 days pass you won't have a lawful status but properly filing form I-485 results in a period of stay authorized by the Secretary of Homeland Security. https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF "As discussed in chapters 40.9.2(b)(2) and (3), there are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawful presence. As a matter of prosecutorial discretion, DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending. In this sense, the alien's remaining can be said to be "authorized." However, the fact that the alien does not accrue unlawful presence does not mean that the alien's presence in the United States is actually lawful."

thank you for the detailed reply! yes as soon we started filling 130 realized it actually ask that question!! 
we submit 130 and 130A online yesterday, but it was a Saturday so hopefully we will get the  I-797C receipt notice tomorrow via email! 

and my reckless driving case has close on 9/9 after went to court, we had a traffic lawyer with us. payed the fine and it was it, but on I-485 I will have to answered I had commit a crime or charged in that box... which is really worrying!! my non criminal record is clean from Taiwan tho... so now we still working on I-485, and going to health check tomorrow! 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline
On 8/23/2021 at 8:27 AM, TWISTIE said:

Yes,  you should always be truthful about your previous filing, otherwise USCIS will find out anyway in their system. Just be truthful.

 

Secondly, withdraw that K-1 pending petition/case because you don’t qualify for that anymore because k-1 is not for married couple.

 

In my personal opinion..now it doesn’t matter of waiting for 90 days because you are already married...but some will chime in to guide you in a right direction...but it would be beneficial if you could wait as long as you can to file the paperwork so that it won’t be considered a pre-conceived intent to adjust your status in the US.

 

As for the reckless driving ticket, then were you charged for it? If so, what kind of charge? If you were just fined, then how much fine? It all depends on how much you are fined for or what kind of charges are filed for that reckless driving...without that information, I can not tell you anything. 

 

I personally believe that its better to file everything together...don’t rush things out...you can submit scanned documents than waiting manually to get those from Taiwan...and you can get your medical done right away over here as well...Again, I would file everything together to process quickly, otherwise you would risk delay, REF or denial....

thank you for the detailed reply! yes as soon we started filling 130 realized it actually ask that question!! 
we submit 130 and 130A online yesterday, but it was a Saturday so hopefully we will get the  I-797C receipt notice tomorrow via email! 

 

with over 90 days staying the reason I asked it's bc I saw someone shared, better to do it after 60 days or 90day, so they dont think you ""plan"" to come here and get married to get green card, it doesnt matter to me now cuz I already over 90 days :P 

 

and my reckless driving case has closed on 9/9 after went to court, we had a traffic lawyer with us. payed the fine and it was it.

but on I-485 I will have to answered I had commit a crime or charged in that box... which is really worrying!! my non criminal record is clean from Taiwan tho...

so now we still working on I-485, and going to health check tomorrow! 

 

and yes I think we will submit other forms together with I-485, but the clinic I am going tomorrow (9/13) they told me I will have to go twice, first visit is to get all the tests done with nurse, second visit will be 9/30 to see the doctor and I assume I will get the report and stay sealed that day? 
thank you again! 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...