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AOS after 4 years of K1 visa

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  • AOS after 4 years of K1 visa

    Hi,

    I have a friend who entered the U.S. on a K1 visa. The couple got married within the 90 day period. However, they did not file adjustment of status up to this time. My question is, can she file adjustment of status without any problem? Also, the woman has under age children outside the U.S., can she inclued them in her I-130 and I-485 concurrently? Please help us here so we know what we should do. She is so stressed now about this.

    Thank you.

    Lea

  • #2
    Hi,

    I have a friend who entered the U.S. on a K1 visa. The couple got married within the 90 day period. However, they did not file adjustment of status up to this time. My question is, can she file adjustment of status without any problem? Also, the woman has under age children outside the U.S., can she inclued them in her I-130 and I-485 concurrently? Please help us here so we know what we should do. She is so stressed now about this.

    Thank you.

    Lea

    Comment


    • #3
      Yes, her usc husband can file adjustment of status package for her and include her children.

      She will receive a permanent 10 yrs card because they have been married for more than 2 years when they have adjustment interview.

      Wow. she did not see her children in 4 years. wow.

      Comment


      • #4
        Thanks for your reply. Yes, she missed her children for 4 years already. So, when the adjustment of status is approved, a visa will be automatically issued for her children who are residing in another country?

        Thanks again.

        Comment


        • #5
          Is your friend married to the same person that sponsored K1 (to make sure)?

          She files for adjustment of status. Her husband files I-130 to bring step-children to the USA.

          Children can't be included in her AOS. First, they are not in the USA; and even if they would be, a separate AOS would have to filed for them.

          Comment


          • #6
            Hi,

            Yes, my friend is married to the same person who sponsored her K1 visa. The children are out of USA. When the USC husband and the foreign wife file the adjustment of status, can they file the I-130 for the children concurrently?

            Comment


            • #7
              It can be done at the same time... but those are 2 different petitions, and are not mailed to the same address.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by leila2007:
                Hi,

                I have a friend who entered the U.S. on a K1 visa. The couple got married within the 90 day period. However, they did not file adjustment of status up to this time. My question is, can she file adjustment of status without any problem? Also, the woman has under age children outside the U.S., can she inclued them in her I-130 and I-485 concurrently? Please help us here so we know what we should do. She is so stressed now about this.

                Thank you.

                Lea </div></BLOCKQUOTE>

                Hmm, let's see. Sorry to disagree, guys. Personally, I'm not so comfortable with this scenario. I even doubt if this is possible at all. I mean, it's very uncommon, I repeat, very uncommon for a K-1 visa holder not to be filing a marriage-based AOS before the K-1 visa expires in six months after entry... and the USCIS didn't take any administrative action(?). (USCIS monitors every K-1 paper trail by "A" number within 90 days from the date of alien fianc[é]é's US entry). Getting married, in my opinion, is only "part" of the fiancé visa process. But marriage alone doesn't give any immigration status to the alien spouse. Another major immigration benefit lost? The K-2 derivative visas for the alien fiancé's minor children who could have accompanied or "followed" the K-1 visa holder within one year. If the AOS is going to be filed only now, after four years of marriage, after overstaying on a K-1 visa, I can't imagine how the USCIS will treat this case. I wish my hunch is wrong.

                Comment


                • #9
                  Well, Rough Neighbor, I have my doubts about your reasoning. Logically, on the surface, I cannot fault it but the condition on K-1 visa is only to get married within 90 days NOT to apply for PR status. Therefore, my thinking is that this visa serves the purpose of legally coming to the U.S. for just that - getting married. This doesn't imply that the alien needs to become permanent resident. I also have a problem with the concept of "overstaying" the K-1 visa. As you know, the aliens who overstayed their other than K-1 visas and end up marrying the U.S. citizen don't have to apply for a waiver when applying for PR status. In addition, the instructions for Form I-129 state that a fiancee after marrying the Petitioner within 90 days of her arrival in the U.S. MAY apply for adjustment of status. To me, the use of the word "MAY" indicates that it's a choice and not a duty to do so. You may want to see my comments to the post "Married professor denied visa" involving somewhat similar situation. As the issue is not entirely clear I would welcome your thoughts on that subject.

                  Comment


                  • #10
                    That's of course your right, Verbalist, to doubt the flow of my own doubts about the case on this thread. I sounded such a doubt because it is very uncommon to learn of a K-1 visa holder who actually got married but has never consummated her immigration process, or earlier thereabouts, missing the golden opportunity for her minor children to accompany or join her in the first instance.

                    And in regards to what I perceived to be a specially sensitive nature of the K-1 visa process, please look at the very last part of this link's content. http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=508ddb...a1044098d9d48435c39b

                    Comment


                    • #11
                      It's my turn to "hmm". You're obviously right - the Operations Instructions state that "appropriate action be taken." But in this case no action was taken by USCIS. Assuming leila2007 files I-485 based on her marriage I still can't see how it can be denied (no waiver for overstaying for immediate relatives of USC). The only problem I can see is for the children's derivative status but ... again, if they're minor AND leila's husband petitions for them on I-130 (assuming K-3 status not applicable) there still won't be any significant delay or am I wrong?

                      Comment


                      • #12
                        Or you mean K-2. Four years already, my friend, so another year would be a breeze.

                        Comment


                        • #13
                          Thank you very much Verbalist and Rough Neighbor. I am a little bit eased. However, I am still confused which is right to do for this.

                          Comment


                          • #14
                            Its a funny thing but the law is silent on this issue. I recommend that the sponsor always delay AOS for as long as possible. It gives them more time to detect a fraud and saves the expense of removal of conditions.

                            Comment


                            • #15
                              to leila2007 - I thought your original question was very ably answered by aneri.

                              "Is your friend married to the same person that sponsored K1 (to make sure)?

                              She files for adjustment of status. Her husband files I-130 to bring step-children to the USA.

                              Children can't be included in her AOS. First, they are not in the USA; and even if they would be, a separate AOS would have to filed for them."

                              and

                              "It can be done at the same time... but those are 2 different petitions, and are not mailed to the same address."

                              Sorry if our subsequent discussion distracted you.

                              To Rough Neighbor: Thank you very much for your very enlightening remarks both in this thread and "married professor". I am truly grateful for sharing your expertise on this forum. I'm learning a lot.

                              Comment

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