K1 married after 90 days... Are we ok?

[Loren Y 2,731]

17 hours ago, Crazy Cat said:

A quick trip to Las Vegas is one way.... @Loren Y is still marrying VJ members for free, I believe.

Still cranking out the K1 Marriages here in Las Vegas,NV. Feel free to message me if you need married with certificate in Hand in about an hour. I just did one this past Sunday, and I have one scheduled October 30th, and another VJ member is really ahead of the game, and has a tentative date booked for December 4th. Happy to help you out if needed.

[orangeal 12]

I still feel that you will get a waiver in the spirit of covid accommodations. Many cases were impacted. Good luck

[Crazy Cat 39,191]

7 hours ago, orangeal said:

I still feel that you will get a waiver in the spirit of covid accommodations. Many cases were impacted. Good luck

I don't.  There were several options available for marrying within 90 days.  In addition, there was no basis for adjustment of status.  I don't see how an I-130 can be waived.

[orangeal 12]

Well. I hope you are wrong.

[Crazy Cat 39,191]

1 hour ago, orangeal said:

Well. I hope you are wrong.

Without an I-130, there is no recognized relationship between the 2 people.  How did Covid prevent the OP from submitting an I-130 along with the I-1485?  That's why I think there will be no waiver.

Edited October 26, 2021 by Crazy Cat

[Mike E 11,722]

3 hours ago, orangeal said:

Well. I hope you are wrong.

I am shocked that the case even went to interview and wasn’t denied prior to. Shocked it wasn’t denied at interview.  

[GinaCarterWebster 67]

Question?

 

How is she working legally if there was never an EAD granted?  That is usually granted with the AOS- not before?  

 

My husband has been waiting at home for the AOS process approval- since we filed 485, 131, & 765 in 2/21 - we finally have an appointment with HS this week!

[Scandi 3,970]

46 minutes ago, GinaCarterWebster said:

Question?

 

How is she working legally if there was never an EAD granted?  That is usually granted with the AOS- not before?  

 

My husband has been waiting at home for the AOS process approval- since we filed 485, 131, & 765 in 2/21 - we finally have an appointment with HS this week!

You receive an EAD (if filed for) while waiting for your AOS, not after the AOS is approved. Her EAD was approved months ago, the AOS has not been approved.

Edited October 26, 2021 by Scandi

[GinaCarterWebster 67]

18 minutes ago, Scandi said:

You receive an EAD (if filed for) while waiting for your AOS, not after the AOS is approved. Her EAD was approved months ago, the AOS has not been approved.

That hasn't happened in our case at all.  We have been waiting 255 days for 485, 765, and 131.  

[Scandi 3,970]

13 minutes ago, GinaCarterWebster said:

That hasn't happened in our case at all.  We have been waiting 255 days for 485, 765, and 131.  

It takes about 6-9 months to get an EAD right now. The EAD is only a temporary permit that allows you to work while you wait for your greencard to be approved. Once the greencard gets approved, the EAD becomes invalid.

[GinaCarterWebster 67]

4 minutes ago, Scandi said:

It takes about 6-9 months to get an EAD right now. The EAD is only a temporary permit that allows you to work while you wait for your greencard to be approved. Once the greencard gets approved, the EAD becomes invalid.

As I said, it has been 10 months to the date just to get a biometric appointment at Homeland Security for ANY movement.  6-9 months would've been August a joy.  

[Crazy Cat 39,191]

Just now, GinaCarterWebster said:

As I said, it has been 10 months to the date just to get a biometric appointment at Homeland Security for ANY movement.  6-9 months would've been August a joy.  

I think I have seen at least one case where neither the EAD nor the Green Card had been issued a year after submitting.  Whereas the norm is to receive the EAD first, it seems I am seeing more and more Green Cards issued prior to the EAD.  It's a very sad situation which some couples never anticipated when choosing to adjust status. 

[HRQX 4,145]

On 10/26/2021 at 5:55 AM, Crazy Cat said:

How did Covid prevent the OP from submitting an I-130 along with the I-1485?  That's why I think there will be no waiver.

Plus the I-130 and I-130A supplement were mentioned in OP's previous thread:

And was warned about the misinformation line:

Edited October 27, 2021 by HRQX

[Ankomah 5]

On 10/19/2021 at 3:44 PM, wilkings0224 said:

My wife entered the USA on March 5th 2020 as my fiancé K1,

15 days later everything was closed in NY, and pretty much nationwide, city clerk was closed, we couldn’t go to get married anywhere, later NY was accepting virtual marriage through the “project Cupid”, when I made the appointment they only have available for almost 2 months after, August 8th, which is already past 90 days timeline, we got married on that day,  I called USCIS yo explain the situation, they subject me to file the AOS anyway, well I was worry but I did, yesterday was her interview, the officer told us that we got married after 90 days and that’s a problem, he couldn’t make a decision and the case must continue to see if there is a waiver, that we have to wait for a notice in the mail, I explained the reason why we got married late, it was out of our control, he agreed but same conclusion, 

also we have all in order, she is working paying taxes, never have an issue with the justice and we have a 2 months beautiful baby, I can’t believe we have to go through this for something we couldn’t prevented 😕

 

On 10/19/2021 at 3:44 PM, wilkings0224 said:

My wife entered the USA on March 5th 2020 as my fiancé K1,

15 days later everything was closed in NY, and pretty much nationwide, city clerk was closed, we couldn’t go to get married anywhere, later NY was accepting virtual marriage through the “project Cupid”, when I made the appointment they only have available for almost 2 months after, August 8th, which is already past 90 days timeline, we got married on that day,  I called USCIS yo explain the situation, they subject me to file the AOS anyway, well I was worry but I did, yesterday was her interview, the officer told us that we got married after 90 days and that’s a problem, he couldn’t make a decision and the case must continue to see if there is a waiver, that we have to wait for a notice in the mail, I explained the reason why we got married late, it was out of our control, he agreed but same conclusion, 

also we have all in order, she is working paying taxes, never have an issue with the justice and we have a 2 months beautiful baby, I can’t believe we have to go through this for something we couldn’t prevented 😕

 

[Ankomah 5]

The I-129f “replaces” the I-130. So if you married outside of the 90 days, you had to file the I-130 along with your AOS. Did you do that?