Tough question

[MarcRosie]

Hi Everyone,

 

I hope all is well with everyone and everyone is moving along smoothly through this ridiculous amount of red tape...just to be together.

 

Answer me this. A person can only send in the $420 initially with the $1070 to be able to be sent in at a later date (about 1.5 months). Just the way it worked out with the economy the way it is and a daughter going through med school and dependent on her old man to help. Attorney said it was OK and that they would process the $420, give us a case number and then request the $1070 to be sent in immediately. So this is what happened. It's been since April 18th that the papers and check got sent in. No response. Now my attorney is saying they might just send it all back if the $1070 isn't there. Please let me know what you think and what the repercussions of all this might be.

 

Thanks!

[dnoblett]

Not following you. Whats the $420 for??? Didn't your wife enter the USA on a K1??

 

Adjustment of status for a K-1 IF married within 90 days of arrival involves simply filing an I-485 and $1070 fee, there is no extra fees.

 

K-1 AOS is based on K-1 visa...

 

http://candleforlove.com/forums/index.php?/topic/41786-got-call-in-letter/page__p__555769 K-1 last June.

[dnoblett]

Ahh, now I see what happened, no context given in prior post: http://candleforlove.com/forums/index.php?/topic/43126-green-card/

 

Simple question "How to apply for a Green-Card" without indicating spouse entered the USA on a K-1 in the post.

 

Answered prior question without complete picture, assumption spouse was either in the USA as a visitor (B-2, Student, Work), or still overseas, in this case an I-130 is filed.. However this is not the case for a K-1 IF married within 90 days of entry, in this case a copy of I-129F approval, and I-94 card is attached to I-485 application, and no I-130 filed. If failed to marry within the 90 days, then an I-130 would be needed.

 

A signature showing vital things like visa process status helps.

[dnoblett]

Hi Everyone,

 

I hope all is well with everyone and everyone is moving along smoothly through this ridiculous amount of red tape...just to be together.

 

Answer me this. A person can only send in the $420 initially with the $1070 to be able to be sent in at a later date (about 1.5 months). Just the way it worked out with the economy the way it is and a daughter going through med school and dependent on her old man to help. Attorney said it was OK and that they would process the $420, give us a case number and then request the $1070 to be sent in immediately. So this is what happened. It's been since April 18th that the papers and check got sent in. No response. Now my attorney is saying they might just send it all back if the $1070 isn't there. Please let me know what you think and what the repercussions of all this might be.

 

Thanks!

Tough Question. Was your attorney aware that the AOS was based on K-1 Marriage?

 

Not a world ending problem, if you did send in an I-130, then the AOS will be based on the I-130. Though you did not have to pay that $420.

Edited May 4, 2011 by dnoblett (see edit history)

[MarcRosie]

OK. So what you're saying is that IF she comes to America under the K1 visa and IF we are married within the 90 days, that we don't have to file the I-130. They allow you to just file the I-485.

 

I ran this past my attorney and he said that because she is now (at the time of filing...which was after the 90 days and we were married before the 90 days) a 'spouse of a US citizen' that you must file the I-130.

 

I tried to find an answer for this on the USCIS web site but it's sort of vague, or so it seems.

 

But truly, I can see no where that it says that she/we must file the I-130. Here's a link to the USCIS site pertaining to the K1 green card process. Let me know your thoughts.

 

My link

Edited May 5, 2011 by MarcRosie (see edit history)

[MarcRosie]

And yes he was totally aware of the entire situation i.e. we were married within the 90 days and she came here under the K1 visa. But if he made us do this and we were not required to and it cost me $420 then there's a problem. I hired him because of his expertise. To do everything perfectly...correctly. Not make a mistake such as this. If he indeed did do so.

 

Another thing. I have not received anything from anyone on our filing. Papers were sent April 18th. Check not cashed. Should I be worrying? Can I call them and see what's going on? I tried calling the USCIS but all it was was a bunch of recordings.

Edited May 5, 2011 by MarcRosie (see edit history)

[dnoblett]

OK. So what you're saying is that IF she comes to America under the K1 visa and IF we are married within the 90 days, that we don't have to file the I-130. They allow you to just file the I-485.

 

I ran this past my attorney and he said that because she is now (at the time of filing) a 'spouse of a US citizen' that you must file the I-130.

 

I tried to find an answer for this on the USCIS web site but it's sort of vague, or so it seems.

 

But truly, I can see no where that it says that she/we must file the I-130. Here's a link to the USCIS site pertaining to the K1 green card process. Let me know your thoughts.

 

My link

I guess your attorney is not familiar with K-1 Adjustment of status procedures.

 

It is right there in the I-485 directions...

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-485Basis-1.jpg

 

I-485 Instructions page: 4 http://www.uscis.gov.../i-485instr.pdf (Your lawyer chose "A" however your wife qualifies for "B")

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-485FormBasis.jpg

 

http://www.uscis.gov.../form/i-485.pdf

 

Simply Check Box "C" Attach copy of I-129F Approval notice, and copy of I-94 to show this basis. Again your lawyer chose "A" which is wrong for a K-1, the form clearly indicates K-1 AOS is "C"

 

A simple guide:

 

http://www.visajourn...content/k1k3aos

 

In my case, my wife entered the USA on a K-1, we married withing 90 days, and we filed the I-485 with fee, NO I-130 required for this, this is an AOS from a K-1.

 

Your lawyer cost you $420, and what ever they are charging your to fill out and file this application for you.

 

K-1 AOS is a straight forward thing, not complicated at all, later when removing conditions on the 2 year CR-Green-card, it gets a little more complex with the added evidence required, but again a lawyer is not needed for this.

Edited May 5, 2011 by dnoblett (see edit history)

[warpedbored]

Fire your attorney. If you married within the 90 day window all that is needed is the $1070.00, the I-485, I-864 and supporting documents and forms. You can also file for EAD I-765 along with the I-485 since there is no additional cost if filed together. The law is somewhat vague here but I have heard of no one having a problem as long as they married within the 90 day window.

[dnoblett]

Fire your attorney. If you married within the 90 day window all that is needed is the $1070.00, the I-485, I-864 and supporting documents and forms. You can also file for EAD I-765 along with the I-485 since there is no additional cost if filed together. The law is somewhat vague here but I have heard of no one having a problem as long as they married within the 90 day window.

Note: EAD (I-751) and AP (I-131) can be filed after I-485 for no fee, simply attach a copy of I-485 Receipt letter, and mail them to the same Chicago PO box as where the I-485 was sent.