Filing K1: I485,I693,I864,etc

[Roarshack001]

Hi All,

 

New here, wish I had found this site a few years ago. Anyways, I wanted to get some help and hopefully someone can help answer some questions.

 

My SO, arrived last year on a K1 visa, we did get married within the 90 days. During that time I had lost my jobs and we used up my savings and I finally have found another job and a family member is willing to help sponsor.

 

My question is it is close to 9 months since we gotten married, but at the time I didn't have a job or anything, so I didn't file the rest of the paperwork. Is there a fine or penalty for filing late? What am I suppose to do or my next step?

 

Thanks.

[Randy W]

Hi All,

 

New here, wish I had found this site a few years ago. Anyways, I wanted to get some help and hopefully someone can help answer some questions.

 

My SO, arrived last year on a K1 visa, we did get married within the 90 days. During that time I had lost my jobs and we used up my savings and I finally have found another job and a family member is willing to help sponsor.

 

My question is it is close to 9 months since we gotten married, but at the time I didn't have a job or anything, so I didn't file the rest of the paperwork. Is there a fine or penalty for filing late? What am I suppose to do or my next step?

 

Thanks.

 

 

Go ahead and file. You will probably be okay. You may get some questions about it at the interview. There is no filing deadline for the I-485.

Edited April 30, 2009 by Randy W (see edit history)

[dnoblett]

No penalty, the overstay is forgiven when they approve the I-485.

 

HOWEVER, if you file the I-485 MORE than 180 days past the expiration date on the I-94, DO NOT attempt to travel internationally even with an AP document, the overstay can cause you to be prevented from re-entering the USA even with an AP document. A 180+ overstay results in a 3 year bar.

 

If this it the case do not even bother filing an I-131.

Edited April 30, 2009 by dnoblett (see edit history)

[Roarshack001]

Her I-94 has expired sometime last year before we gotten married. We do not intend to travel. I just want to get all the paper work filed, but I don't know if there are consequences for filing late.

 

If this is the case, do I still file I-131 and the rest of the forms? There doesn't seem to be a set of procedures posted. I did find some threads on what forms to be filed together. (I485, I693, I864, I131, etc.

 

 

Thanks!

 

 

 

 

No penalty, the overstay is forgiven when they approve the I-485.

 

HOWEVER, if you file the I-485 MORE than 180 days past the expiration date on the I-94, DO NOT attempt to travel internationally even with an AP document, the overstay can cause you to be prevented from re-entering the USA even with an AP document. A 180+ overstay results in a 3 year bar.

 

If this it the case do not even bother filing an I-131.

[Randy W]

Her I-94 has expired sometime last year before we gotten married. We do not intend to travel. I just want to get all the paper work filed, but I don't know if there are consequences for filing late.

 

If this is the case, do I still file I-131 and the rest of the forms? There doesn't seem to be a set of procedures posted. I did find some threads on what forms to be filed together. (I485, I693, I864, I131, etc.

 

Thanks!

No penalty, the overstay is forgiven when they approve the I-485.

 

HOWEVER, if you file the I-485 MORE than 180 days past the expiration date on the I-94, DO NOT attempt to travel internationally even with an AP document, the overstay can cause you to be prevented from re-entering the USA even with an AP document. A 180+ overstay results in a 3 year bar.

 

If this it the case do not even bother filing an I-131.

 

 

There are no procedures to follow - you are blazing new saddles all on your own, You said initially that you were married within the 90 days. Now you say that your I-94 was expired - meaning it was outside the 90 days.

 

The penalty is simple - IF you are denied, she could face deportation procedures. The most likely cause of that (in your case) would be marrying AFTER the I-94 expired.

 

You may need to file an I-130 with the I-485. You may need a lawyer.

 

You may need to read up on what you are doing

 

The I-131 is optional, as is the I-785 for Employment Authorization. They do not affect your chances of approval, and there is no additional fee. These are generally automatically approved.

 

It is very difficult to offer advice without a complete picture.

[dnoblett]

Her I-94 has expired sometime last year before we gotten married. We do not intend to travel. I just want to get all the paper work filed, but I don't know if there are consequences for filing late.

 

If this is the case, do I still file I-131 and the rest of the forms? There doesn't seem to be a set of procedures posted. I did find some threads on what forms to be filed together. (I485, I693, I864, I131, etc.

 

Thanks!

No penalty, the overstay is forgiven when they approve the I-485.

 

HOWEVER, if you file the I-485 MORE than 180 days past the expiration date on the I-94, DO NOT attempt to travel internationally even with an AP document, the overstay can cause you to be prevented from re-entering the USA even with an AP document. A 180+ overstay results in a 3 year bar.

 

If this it the case do not even bother filing an I-131.

 

 

There are no procedures to follow - you are blazing new saddles all on your own, You said initially that you were married within the 90 days. Now you say that your I-94 was expired - meaning it was outside the 90 days.

 

The penalty is simple - IF you are denied, she could face deportation procedures. The most likely cause of that (in your case) would be marrying AFTER the I-94 expired.

 

You may need to file an I-130 with the I-485. You may need a lawyer.

 

You may need to read up on what you are doing

 

The I-131 is optional, as is the I-785 for Employment Authorization. They do not affect your chances of approval, and there is no additional fee. These are generally automatically approved.

 

It is very difficult to offer advice without a complete picture.

Actually they WILL need to file an I-130 along with the I-485, and pay the $355 fee for the I-130.

 

They can no longer base AOS on the K-1, they need to base it on the attached I-130 Filing and check "A" on the I-485.

 

MORE:

 

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

 

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.13 Edited May 1, 2009 by dnoblett (see edit history)

[Roarshack001]

We did get married before the I94 expired. I guess I'll just file and hope for the best. To make a long story short, I didn't have a job and used up my savings. I thought that would hurt the process of filling, since there was no income to support her. Now that I tracked down a family member and moved in with them, they are willing to help.

 

I wanted to file I785 for employment, because she wants to work too.

Since there is no set proceedures, I just wanted to minimize the chances of raising a red flag. Besides being very late in filing the rest of the forms.

 

I appreciate everyone for the input.

 

 

 

 

Her I-94 has expired sometime last year before we gotten married. We do not intend to travel. I just want to get all the paper work filed, but I don't know if there are consequences for filing late.

 

If this is the case, do I still file I-131 and the rest of the forms? There doesn't seem to be a set of procedures posted. I did find some threads on what forms to be filed together. (I485, I693, I864, I131, etc.

 

Thanks!

No penalty, the overstay is forgiven when they approve the I-485.

 

HOWEVER, if you file the I-485 MORE than 180 days past the expiration date on the I-94, DO NOT attempt to travel internationally even with an AP document, the overstay can cause you to be prevented from re-entering the USA even with an AP document. A 180+ overstay results in a 3 year bar.

 

If this it the case do not even bother filing an I-131.

 

 

There are no procedures to follow - you are blazing new saddles all on your own, You said initially that you were married within the 90 days. Now you say that your I-94 was expired - meaning it was outside the 90 days.

 

The penalty is simple - IF you are denied, she could face deportation procedures. The most likely cause of that (in your case) would be marrying AFTER the I-94 expired.

 

You may need to file an I-130 with the I-485. You may need a lawyer.

 

You may need to read up on what you are doing

 

The I-131 is optional, as is the I-785 for Employment Authorization. They do not affect your chances of approval, and there is no additional fee. These are generally automatically approved.

 

It is very difficult to offer advice without a complete picture.

Actually they WILL need to file an I-130 along with the I-485, and pay the $355 fee for the I-130.

 

They can no longer base AOS on the K-1, they need to base it on the attached I-130 Filing and check "A" on the I-485.

 

MORE:

 

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

 

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

[Guest Pommey]

The procedure for filing AOS,AP & EAD are all in the FAQS section of CFL and are pretty clear.

 

This of course only applies if you did marry within the days of entry.

 

good luck.

[dnoblett]

We did get married before the I94 expired. I guess I'll just file and hope for the best. To make a long story short, I didn't have a job and used up my savings. I thought that would hurt the process of filling, since there was no income to support her. Now that I tracked down a family member and moved in with them, they are willing to help.

 

I wanted to file I785 for employment, because she wants to work too.

Since there is no set proceedures, I just wanted to minimize the chances of raising a red flag. Besides being very late in filing the rest of the forms.

 

I appreciate everyone for the input.

For a K-1 I-765 needs to be filed for with I-485, NOT before.

 

I-765 filed before AOS can only be filed before I-94 expires, and the resulting EAD card EXPIRES the same date as the I-94 expires, since a K-1 I-94 is only valid for 90 days, and since EAD can take 90 days to process, the usual result is that USCIS cannot approved it before the I-94 expiration, and tends to deny EAD, or the EAD is a useless $340 EAD.

 

Glad to see that you did marry within the 90 days allowed by the I-94, this will save you from added questions ate a possible interview, and also will save you from the added I-130 and associated FEE.

 

I-765 filed for with I-485, costs nothing, and tends to be valid 1 or 2 years, or until you have green-card. Code I-765 (C )(9 ) Based on pending I-485.

Edited May 4, 2009 by dnoblett (see edit history)