Edward and Jaycel

You are still admissible as the immediate relative of a US Citizen but you have to declare that you violated the terms of your nonimmigrant status because at the time you are filing, you are out of status and you have accrued unlawful presence since Jan 31. That's the way I read it anyway (K1 Visa Hopeful too) It's all forgiven in the AOS process. Those bars to inadmissibility do not apply to you. But you have to be transparent about it.

Thanks for weighing in @K1visaHopeful Sorry guys.... didn't want this to caome back and bite you all later

Yeah, as I was reading those questions, I was like "If we were filing Jaycel's package after the 90 days, how would I answer?" And I wasn't sure.... And yes thankfully, any unauthorized stay is forgiven

Yes... but those questions are not asking that. They are asking if you ever violated the terns of your nonimmigrant status and if you have been unlawfully present. I'm not sure if USCIS considers the time here after the 90 days allowed by the K-1 and before you file a violation of the terms of the nonimmigrant status and acccruing unlawful status. That's why I tagged the more experienced users

Just thought of something while I was looking at the I-485 and would like the opinion of some of the more experienced members here @K1visaHopeful @Ontarkie @OldUser @Crazy Cat - For these folks that are now resubmitting after their rejections and are now past the 90 day mark, on the I-485 Part 9. General Eligibility and Inadmissibility Grounds, should they answer "Yes" to questions 13 & 76? 13. Have you EVER violated the terms or conditions of your nonimmigrant status? 76. Since April 1, 1997, have you been unlawfully present in the United States? You were unlawfully present in the United States if you were present in the United States after the expiration of the period of stay authorized by the Department of Homeland Security (DHS) Secretary or were present in the United States without being admitted or paroled.

Yes... Your husband's mame goes below that in the Credit Card Billing Info and you put his name exactly as it appears on the card

@TBoneTX provided guidance from two attorneys on another post asking this the other day and they said this status should be "K-1 Entrant - Adjustment Applicant"

If you're still within the 90 days, yes. If not then you are "K-1 Entrant - Adjustment Applicant"

Yeah we looked at a lot of timeline info and decided that it wasn't worth the money either. Especially since a lot of people were getting the green card approval before the I-131 was approved.

Yeah that's from their scanning all the stuff in. Might be a good idea to get everything fresh and when you send the package back in, put that neon colored paper on top so they'll know this is a resubmission and that will explain the printing on the bottom of your marriage certificate.

I cannot imagine that being an issue

It does say to list periods of unemployment or retirement so I would list your unemployment first and then previous employment

Yes this 👆👆 and ask here if you're not sure

Also don't forget to put the Receipt number from the I-129F in Part 2. Item #2 "Receipt Number of Underlying Petition (if any)"

Yeah you have to send a copy of the tax return AND the associated W-2s & 1099s OR the Tax Return Transcript

Good advice. Please update the thread when USCIS acknowledges your request.

As @MalloryCat indicated above, we also submitted Certified True Copies of our marriage certificate (When we recorded our marriage certificate with the county clerk, we got 10 CTC because they were only $1.25 ea.) The instructions say you can just include a photocopy but we did this because we read some accounts of people getting RFE'd for an official copy.

Exactly this

Yes I used Turbo Tax also and my return was approved and the Tax Return Transcript showed up on the IRS website about 15 days later.

We paid by personal checks - 1 for the I-485 and 1 for the I-765. (You should absolutely pay them separately) If you use money orders, then for the I-485 you would use 2. One for $1,000 and one for $440. Make sure you note in the memo section on each one that it is for the I-485 (I would write "Form I-485 - M.O. #1" and "Form I-485 - M.O. #2") and yes you include a G-1145 for each form you are filing

Do you plan on E-Filing? If so, the IRS accepts the return pretty quickly

Yes start fresh with the current edition of the forms

So sorry...

Today's stats: November 2024 Filed I-485 Stats • Approved: 169 • Denied: 85 • FingerprintScheduled: 361 • InterviewCancelled: 3 • InterviewScheduled: 116 • Processing: 38,022 • Received: 845 • Rejected: 110 • RFE: 2,357 • Terminated: 95 • Others: 97

Does your wife have an online account with my.uscis.gov ? If so she should be able to file the I-765 online.