Legal Question in Immigration Law in Maryland

a lot of questions

SITUATION: Arrived in US July 1 2005 on K1 visa. Got married before the 90-day period. Haven't filed for adjustment of status for almost 2 yrs and I-94 expired Sept. 29 2005.

QUESTIONS:

1. Can my husband still file I-130 in behalf of me?

2. Should he file I-130 first instead of I-485?

3. Affidavit of Support, should it be I-864 or I-134?

4. Can I still file for I-765?

5. What's gonna happen if there's no result for my I-130 before the 2nd year of my arrival?

6. If my I-130 will be denied, can I still file for Adjustment of status?

7. Am I deportable right now?


Asked on 4/01/07, 11:58 am

1 Answer from Attorneys

Thomas Brown Law Office of Thomas K. Brown, LLC

Re: a lot of questions

That is a lot of questions. I'll try to answer at least some of them.

The rules of a K-1 visa state that you must marry within 90 days of entry (which you apparently did) and you must apply for -- and have approved -- adjustment of status within 2 years of being married. Obviously, it's too late to make that. Nevertheless, sometimes it takes USCIS longer than two years to process adjustment of status. That is, even if filed promptly after marrying, the 2 year period will expire without action by USCIS. This is not treated as an overstay. At least while the ball is in USCIS's court, the beneficiary can remain in the US.

Since it has not yet been 2 years from when you got married, you should not be deportable now. If you fail to apply before your 2nd anniversary, you will be in overstay and could be deported.

The things to file now *should be* I-485 Adjustment of Status, G-325A Biographic Information, I-765 Application for Employment Authorization, and I-864 (not I-134) Affidavit of Support. Meeting with an attorney might lead to a more confident answer since every case is different and a more thorough review of the facts may reveal the need for a different strategy.

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Answered on 4/02/07, 2:45 pm


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