Legal Question in Immigration Law in California

My wife has entered in the US in 03/05/2016 with a k-1 visa , and We submitted form I-485 for adjustment of status and form I-765 of employment for my wife in 07/06/2016 and in 07/23/2016 we received the bio metrics appointment and later in 08/09/2016 we received a yellow letter Request for Initial Evidence (I-485) saying that the petitioner on form I-129F and the K-1 applicant did not marry within 90 days of the K-1s arrival into the US; therefore,Form I-129F cannot to be used as a basis for adjustment of status . and they saying if we do not have a valid petition files on our behalf either before or at the this form I-485 was filed we may withdraw this form I485 by sending a letter stating that we wish to withdraw this form I485

we have the marriage license in 05/16/2016 that date is in the 90 days of the k-1 and the date of ceremonies is in 06/15/2016 11 days after the 90 days the misunderstanding of the date of marriage that we thought when we have the marriage licence that is the date of our marriage not the ceremonies day.

what should we do in this case? we must to withdraw the form I485 and submited a new file I485 with form I130 ? if yes we paid $1070 fee for i-485 and biometric is the uscis will return us these fees or do we have to pay it again?

thank you


Asked on 9/12/16, 6:09 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

The law is very strict in that you must marry within 90 days of entry. Your filing fees will not be returned. I suggest you meet with an experienced immigration attorney to see if there is any caselaw that can support an appeal or motion to reopen.

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Answered on 9/13/16, 7:57 am


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