Maire

Thank you all!!!! I thought so but was doubting myself a little bit!!! Also, anybody has filed the n400 online??? I dont see them asking for passport photos??!

Good Morning! Its been years since I have been in this forum. But, I have a question and need help! A little overview: I brought my fiance on a Fiance Visa from Cuba in 2009 and he became a permanent resident. We are still happily married, but never applied for naturalization at 3 years because we were struggling with a new baby and money was tight. However, I have now started filing the N-400 application online so that he can become a US Citizen (money is wayy better now). My questions is since he has been a permanent resident for more than 5 years: Should I select for the naturalization application the condition that says: 1) Be a permanent resident for 5 years or 2)Married to a US Citizen for at least 3 years?? Im confused??! Anybody in here applied for Naturalization way after the 3 years??Im thinking on selecting number 1: Permanent Resident for  5 years but I am not sure. Please help!😓

Ohhhhh no it doesnt thanks for such a quick reply!

On the instructions for form I-751 it says one must submit a fingerprint card but on the VisaJourney guides for removal of conditions nothing is mentioned regarding this. Any idea of what it is and is it needed?

Update: He received his green card yesterday (less than 2 weeks after the interview) Thanks everyone for saving me the thousands of dollars I was going to spend on an attorney for having married after the 90 days! THANKS VJ!!!!!!!!!!!!!!!!!

Here is a question tho...I was updating the timeline and it asks regarding his passport being stamped at interview I-55 or something like that...what does this mean? we did not get that stamp...

I want to thank everyone that responded to my initial post.As a result, here is the update:

Everything worked out exactly how you guys said it. I did not need to get an attorney. I did exactly what you guys proposed(filed I-130 + I-485)....since we married after the 90 days that are provided on the K1 visa...we had the interview on august 4th and his residence card was approved. The official just asked why we did not married within the 90 days and I told him he was having a hard time adjusting and we were having lots of arguments. He then asked if during the times of fighting he always stayed living at home with me and I said yes. It was not difficult at all...reality is...couples do fight!!!!He said as long as you marry the original petition there are no issues. Thanks everyoneeeeeeeeeeee...visajourney is the best attorney anyone can get. Thanks everyone!!!!!!!!!!!!!

Thank you Maire. I don't think I need a lawyer on the U.S. side of things - this forum is very good and I am comfortable we can do that end. What I can't find are any details on the Cuban side of things - is there a list of the process that the Cuban government will put him through and the documents he will need there? A friend said soemthing about a service record, certified school record, things like that? AND: What is on the list in the packet he will receive from the U.S. interest section after we are initially approved? Two questions, I realize now.

A friend in Cuba is saying we need a lawyer IN CUBA to deal with that process. Do you have any details you can give me of that process? Thanks!

Visa Journey gave me everything I needed to complete the process...However, the process for Cuba is a bit different in some things, so I relied on other Cubans that were doing the process ahead of me...let me know if I can help you..Me and my husband already have the interview for the residency on August 4...

Has anyone coming from Cuba hired an attorney in Cuba to help with that side of immigrating? We are being told by a friend that it is very helpful. Does anyone on this forum have any experience with that?

You do not need to hire an attorney is a waste of money..if you know how to complete applications and follow directions you are good to go...besides you can find anything you need here on VJ...I know I did

is anybody around?????????????????????I miss you guys!

wow...everyone ok?alive?

awwwwwww......I am glad you are doing fine...where is everyone???

hi everyoneeeeeeeeeeeeeeee...richard why did u get an RFE???I am finishing my AOS documents this week and hopefully send it this Friday..how everyone???

Lee I am so happyyyyyyyyyyyyyy for you!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!congrats...enjoy and lots of hunky punky!!!!!!!!!!!!!!!!!!

ok....ok...okkkk i requested to be transferred to an officer and this one new exactly what he was talking about...and you guys are RIGHTTTTTTTTTTTT....this officer told me that there are no issues if u marry after the 90 days as long as you marry the original petitioner....he said the same I-130 + I-485....he also told me that people entering with a k1 visa and marrying their original petitioner after the 90 is very common...(i dont feel that bad)...he said we will have no problems at all...THANK YOU GUYS!!!!!!!!!!!!

Don't worry he it is cuban,get a infopass and go to the immigration office,remember everything it is different for us (cuban) here,he will be fine,we have the dry feet wet feet,so it is ok,they will give him a 1 year resident permit and after a year living here he needs to apply for his resident card,,,,,he will be ok That it is the only thing about us the cubans (immigration) Good luck yury

How can I get that InfoPass?

If you want to talk to a representative you need to press 1, then 2 and then 3. If they can't help you ask to be connected to a officer. Officers aren't very helpful either, but you can at least try.

Yeah they are not very helpful...I just called and they said that he needs to go back to Cuba because he was in violation of the K1...grrr

Never lie. Always be honest. I would say basically the same thing but make sure you mention the truth but the good stuff too, like:

- you love each other and tried to make it work and the reason you waited is because you didn't want to rush it

- that you wanted it to be a marriage about love and not for visa reasons. That if it WAS for visa reasons you would have married in the 90 days. Instead you chose to wait a little bit, give it more time, him more time to adjust to life here.

- Say just what you said here, that you don't believe in divorce and you wanted to be sure that you could make it past the struggles as a couple.

Above all remember if it was a fake relationship all this wouldn't have mattered to you. He'd have left right away, no marriage would have happened. Make sure you convey that to them.

Thank you for your advice...

and thank you everyone in here for taking your time and actually caring...I will start this process as soon as possible and I will update you..thanks again from the bottom of my heart..

Perhaps if everything works out well with my AOS...this question can be added in the AOS Q & A section in this Forum to help other people that might face this issue in the future.

You know what...you guys and visajourney has NEVER failed me even when i started the whole K1 visa..I didnt needed a lawyer and everthing worked out well...iam sorry I was just having my doubts is just iam really nervious about the whole thing...but I will do as you guys tell me...I trust you..I really do...

No. They are wrong. i am right, as so are the other people that tell you you are fine.

As long as you have married the ORIGINAL USC PETITIONER, go ahead and file the I-130 with the AOS documents. It will be $1010 plus $355. The medical may or may not be expired so be aware of that fee possibility too.

You will most likely have an interview because you didn't marry in the 90 days, and it's also likely that you will get a Stokes interview (where they separate you and your spouse at the interview and ask you qns about your relationship, lives together etc). they will also most likely ask you qns like "why didn't you marry in the 90 days?" and your answer that you "weren't sure about each other" isn't a good answer to be honest.

It does make it harder but it is certainly permitted to apply, you will not get denied simply because you entered as a K1 and failed to marry in the 90 days. As long as you married the USC petitioner you stand as much chance as a B1/F1 type AOS'er.

I know saying we werent sure about each other is not a good answer..but is kinda the truth..we were fighting a lot and I got scared of marriage because I dont believe in divorce...what other excuse can I use then?

OK...next door to my job theres an inmigration lawyer and the 20 first minutes are free...so iam gonna go over now and see if he is able to answer this question....

OK I just got back from the attorneys office....the attorney is not the one that provides the free consultation, if not the paralegal. I dont even know what to believe or if she is right. I spoke to her and she said that I cant apply thru I-130 if not thru K1 because thats how he entered and I would just have to explain at the interview the reason why we didnt married before the 90 days...they can do all the paperwork for me for $1600 and attorney representation at the interview for $750...plus of course $ 1010 for inmigration...What do u guys think?Now I am even more confused...does it make any sense?

huh?

I am the petitioner...but we just married after the 90 days because we were having relationship issues...

OK...next door to my job theres an inmigration lawyer and the 20 first minutes are free...so iam gonna go over now and see if he is able to answer this question....

Now I'm getting confused.

Exactly such a situation we discussed just a few days ago, where the K-1 didn't marry within the 90-day time frame. She overstayed and married another USC and it was clearly said she had to leave the country and could not adjust status based on now being the spouse of a USC.

Here is such a situation, where the K-1 didn't marry within the 90-day time frame. He overstayed and married a USC and now you guys are saying he can adjust status from within?

For that very reason I brought this up (Kathrin may remember, as she suggested for the couple to get used to the idea that they will have to live in another country), yet here we go once again, with a different take.

The requirement of the K-1 is to get married to the petitioning spouse within 90 days. If the marriage happens on day 91, the requirement has not been met. As the spouse of a USC, the K-1 can still file for AOS. Yet, what's the difference here on whether the "not-in-compliance" K-1 marries the petitioning spouse or another USC, as the AOS process is a completely new process anyway and both entered the country with the same visa and both did fail to adhere to the requirements of it?

huh?

I am the petitioner...but we just married after the 90 days because we were having relationship issues...

The I-131 Advanced Parole is useless to you as it only works if you're already filed for AOS and haven't gone out of status.

From a link in that OP's one other thread: K1 Visa Process

Third 'paragraph' under "After Arriving in the US"...

This seems to support that it's okay to marry after the 90 days.

This is just another Visa forum though, still think a consultation (even if it cost up to $100) would be worthwhile.

Sounds like the AOS would be helped with an explanation of why the marriage was delayed.

I see...on that site...it says "if you are late by 6 months or more you could be subject to 3 years bars"...what does this mean? 6 months from when? from when he entered? or from when we were suppose to marry..he arrived october 21 and the last day to marry was jan 19th and we got married April 9th...

The I-131 Advanced Parole is useless to you as it only works if you're already filed for AOS and haven't gone out of status.

From a link in that OP's one other thread: K1 Visa Process

Third 'paragraph' under "After Arriving in the US"...

This seems to support that it's okay to marry after the 90 days.

This is just another Visa forum though, still think a consultation (even if it cost up to $100) would be worthwhile.

Sounds like the AOS would be helped with an explanation of why the marriage was delayed.

SRY I Meant I-130...

i get confused with so many numbers

LInk

I googled and found that one...I wonder how that went...

If I follow the 131 guidelines...do u guys think I should send a letter explaining why I didnt marry within the 90 days?