Late in filing Apply for Adjustment, now what?

[rraypo 3]

Hi, I am married to a Chinese woman, and we have completed this entire process about one year ago. Yes!

Now then, I have a friend here, in Oregon, that is going down the same road that I have been down and that all of you have been down.

He has actually gotten his Fiance over here, they did indeed get married, in time and all of that. But, the silly guy had not filed for her Adjustment of Status, AOS, and she is now over her 90 stay.

So, where do they go from here, what do they do now? How bad is this really dumb mistake on his part?? Thanks, Ray. rraypo@hotmail.com

[Caladan 19]

When did they marry? ("In time" is within 90 days?)

1) If they married in the original 90 days when her I-94 from the K-1 was valid, they can simply file adjustment of status as K-1s usually do, based off of the K-1.

2) If they married *after* her I-94 from the K-1 was valid, then they may file adjustment of status based on the marriage, meaning they will need to file an I-130 along with the rest of the adjustment of status materials.

Either way, it shouldn't be too much of a headache.

[YuAndDan 153]

The marriage needs to happen within the 90 days. AOS can be filed without problems outside the 90 days.

This is a FAQ:

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

Also you may be interested in, "A Candle for Love" that site deals in Chinese immigrations issues. http://candleforlove.com

[rebeccajo 14]

Why does anybody need to read about Chinese immigration issues after they have immigrated?

Do Chinese people have some sort of different adjustment of status process than say - oh, someone from Nigeria? The UK? Botswana? Transylvania?