somersetfolks

Had an 8:00am appointment for my EAD card,I got my EAD card without any hassles, just a wait of 2.5 hours, got my photograph taken again and had to give a fingerprint. That was the good part of the day.

I was denied my AP paperwork in Atlanta since they had said it was more than 180 days when I filed the AOS paperwork, and I am still confused about this, either the day I entered the US, the day we got married or the day my K1 expired. There were several circumstances why we did not file immediately. But, to my knowledge, there is nothing on the K1 petition and instructions, the I -131 AP application and instructions and there is a line which they pointed out on page 3 of the I-485 instructions which basically is comparing me to people that unlawfully overstayed there visit, and if i left i would be subject to a 3-year ban.

We are now trying to appeal the decision through political means, though nothing major has happend yet, and might even consider moving to another area whose processing times are a lot shorter than atlanta. atlanta is up to two years, while boston is 90-120 days. go figure.

If anyone has any similiar experiences or any thoughts, I would appreciate it.

Rete

If you filed for the A/P and AOS 180 days after the expiration of your K-1, if INS made a mistake and gave you an A/P which you subsequent used, you could be banned from re-entering the US as you were out of legal status for 180 days.

I believe it states on the I-129F instruction sheet that you must marry in 90 days and file for AOS.

You were lucky that so far they have not asked you to submit the I-130 as well since they can do this if they wanted to.

somersetfolks

We were denied AP. And we would not want AP now anyway, we are trying to find a way to get our AOS Interview quicker just so she can go home and visit her family. The idea that she is abandoning her application is just ridiculous.

According to Section 10 of the instructions for I-129F, it states that your alien fiance may apply for conditional permanent resident status after you have entered into a valid marriage within 90 days of entering the US. Your alien spouse should then promptly apply to the INS for adustment of status to conditional permanent resident using form I-485.

Let me note that we did not even have our marriage certificate within that 90 day period, and it does not actually state that in the instructions. If i am missing it someone point it out. If it said you had only 90 days or else we would have done it sooner, but several reasons were behind the delay in filing, financially being the biggest part.

And note it says may, not must apply. We are caught in a loophole and someone's interpretation of the rule, which is crazy.

We contacted INS Customer Service hotline, asked them about the delay in filing and said that there was no specific date to file within, but that most people do it quickly in order to get there EAD card.

Andy Platt

Tell us the *exact* dates you entered the US on the K-1 and filed the I-485
adjustment of status application.

Andy.

--
I'm not really here - it's just your warped imagination. "somersetfolks"
<[email protected]> wrote in message news:[email protected]...
    > Had an 8:00am appointment for my EAD card,I got my EAD card without any hassles,
    > just a wait of 2.5 hours, got my photograph taken again and had to give a
    > fingerprint. That was the good part of the day.
    >
    > I was denied my AP paperwork in Atlanta since they had said it was more than 180
    > days when I filed the AOS paperwork, and I am still confused about this, either the
    > day I entered the US, the day we got married or the day my K1 expired. There were
    > several circumstances why we did not file immediately. But, to my knowledge, there
    > is nothing on the K1 petition and instructions, the I -131 AP application and
    > instructions and there is a line which they pointed out on page 3 of the I-485
    > instructions which basically is comparing me to people that unlawfully overstayed
    > there visit, and if i left i would be subject to a 3-year ban.
    >
    > We are now trying to appeal the decision through political means, though nothing
    > major has happend yet, and might even consider moving to another area whose
    > processing times are a lot shorter than atlanta. atlanta is up to two years, while
    > boston is 90-120 days. go figure.
    >
    > If anyone has any similiar experiences or any thoughts, I would appreciate it.
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Rete

I understand why you are upset but you are going off half cocked and without slowing down to read and accept that a reasonable amount of time is one thing for filing for AOS after marriage within 90 days of entry on a K-1. But waiting over 6 months from the expiration of the K-1 is not reasonable and it does mean you are out of status 180 days. That 180 day overstay means you are subject to a denial of re-entry into the US even with A/P if you were [un]lucky enough to get it from the local INS office. Count your blessings that Atlanta caught the problem and saved you heartbreak and mucho money to get her back here.

As for filing A/P to get her green card faster, makes no sense whatsoever.

Regardless of the fact that it might have taken you a few weeks to get a registered marriage certificate, it should not have prevented you from filing for AOS. If money were the problem, why not file and ask for a waiver of the fees?

Because you chose not to file in a timely, and because an INS worker was actually astute enough to catch the problem, you are pissed? Sir, you are angry at the wrong people. INS didn't do a damn thing wrong in this case. The problem lies with your inability to file AOS for your foreign wife in a timely manner, i.e. before an 180 day overstay occurred.

Rete

somersetfolks

Is this a forum for help or for criticism? There was no inability to file the paperwork, we were told that there was no timeline. Is there anywhere that tells you that you have to file within the 180 day period? NO! She entered the USA in March 2001, we were married in June 2001, 2 weeks before the K1 was to run out. Hawaii sent us our certificate in September. We filed in April, 2002 of this year, for several reasons. And the financial setback was temporary, not because of unemployment. And, I will say it again, it does not state anywhere to file within a specified amount of time no matter what it says, and when you are told something by the INS agents, one would tend to believe it and not doubt it.

If the INS had actually stated that problems would arise if not filed within 180 days, that would have been one thing, but there is no documentation on any form or instructions that says you have to file within 180 days. The k1 says get married within 90 days, which we did. She can work but she just can't leave until our AOS meeting, and then still have to wait for the stamp. Yes, I am pissed! At the INS, and I am mad at myself, but with no other option but to listen to the INS Customer Service people, and to be told in writing that we would get the AP in 30 days, how am i supposed to react.

Rete, if you have nothing constructive to say, I would prefer not to hear a response from you, but maybe from someone else who had this problem and maybe a solution that would work.

Andy Platt

Note that as of day 91 after entering on a K-1, you are out of status if you have not
filed for AOS. However, the three year ban does not trigger until day 271 so you
would have had to file very late for that to happen.

That's why I asked for the specific dates you arrived in the US and filed for AOS. If
these dates are more than 270 days apart, Atlanta were correct in denying the AP
because you would not be able to use it.

Andy.

--
I'm not really here - it's just your warped imagination. "somersetfolks"
<[email protected]> wrote in message news:[email protected]...
    > We were denied AP. And we would not want AP now anyway, we are trying to find a way
    > to get our AOS Interview quicker just so she can go home and visit her family. The
    > idea that she is abandoning her application is just ridiculous.
    >
    > According to Section 10 of the instructions for I-129F, it states that your alien
    > fiance may apply for conditional permanent resident status after you have entered
    > into a valid marriage within 90 days of entering the US. Your alien spouse should
    > then promptly apply to the INS for adustment of status to conditional permanent
    > resident using form I-485.
    >
    > Let me note that we did not even have our marriage certificate within that 90 day
    > period, and it does not actually state that in the instructions. If i am missing it
    > someone point it out. If it said you had only 90 days or else we would have done it
    > sooner, but several reasons were behind the delay in filing, financially being the
    > biggest part.
    >
    > And note it says may, not must apply. We are caught in a loophole and someone's
    > interpretation of the rule, which is crazy.
    >
    > We contacted INS Customer Service hotline, asked them about the delay in filing and
    > said that there was no specific date to file within, but that most people do it
    > quickly in order to get there EAD card.
    >
    >
    >
    > --
    >
    >
    >
    >
    >
    >
    > Posted via http://britishexpats.com

somersetfolks

I understand that Andy, and it looks like we might be out of luck. My biggest rant is that, as far as I can tell, state that anywhere. An immigration attorney we contacted told us usually only lawyers and the INS know that. It is a silly rule, we meant no malice, we just filed late. Why should she be punished for that, all she wanted to do was go home and see her family. Thanks for the replies.

Paulgani

"somersetfolks" <[email protected]> wrote in message
news:[email protected]...
    > Is this a forum for help or for criticism? There was no inability to file the
    > paperwork, we were told that there was no timeline. Is there anywhere that tells
    > you that you have to file within the 180 day period? NO!

Yes, it's called the I-94, which is stamped with the expiration date of her (K-1)
visa status. It's dated 90 days after entry. After that date, you are here in the
U.S. illegally. Unless, of course, you've properly applied for some other legal
status. Note, this applies to most non-immigrant visas the U.S. issues, not just the
K-1. Don't worry, the millions of illegal visa overstayers in the U.S. apparently
don't understand that concept, so don't feel bad that you didn't either!

Paulgani

Mrtravel

somersetfolks wrote:
    >
    > Is this a forum for help or for criticism? There was no inability to file the
    > paperwork, we were told that there was no timeline. Is there anywhere that tells
    > you that you have to file within the 180 day period? NO! She entered the USA in
    > March 2001, we were married in June 2001, 2 weeks before the K1 was to run out.
    > Hawaii sent us our certificate in September. We filed in April, 2002 of this year,
    > for several reasons. And the financial setback was temporary, not because of
    > unemployment. And, I will say it again, it does not state anywhere to file within a
    > specified amount of time no matter what it says, and when you are told something by
    > the INS agents, one would tend to believe it and not doubt it.

So, if it doesn't say it, are you supposed to assume its forever? As someone
mentioned, you don't wait 10 months after marriage to file this important paperwork.
If you didn't know, you should have asked someone. You are LUCKY INS gave you the
first one. If you overstay a visa by 180 days, you can be BANNED.

somersetfolks

I appreciate all of the replies, and yes, maybe we filed to late, a lot late, but can anyone, besides on posts, show me anywhere on any paperwork that you file with the INS of these deadline dates?

I know what I did and I know where I am at, but I am looking for advice from here on out, not bashing. Is an I-130 the thing to do now or just wait for the AOS interview, and if she is here illegally, why did they give her the EAD card so she could get a job.

somersetfolks

This is my last post since this is more frustrating than helpful. First, on the I-94 departure/arrival record, it says that you are legal through the date on that is stamped on it, hence get married by that date. We did get married by that date and according to the lovely non-informed INS Customer Service hotline, she was here legally and a conditional residence, and that we could file the AOS when we were ready. We did not need to travel immediately, she did not need to work immediately, and when you are told that there is no time line, its not like I was going to wait 5 years, it was just a very up and down end of the year in 2001 and early 2002. They are called circumstances, not being irresponsible. We are seeking what recourse is available, as well as pointing out to our senators and congressman amongst others how vague all of this is and why is should be changed. and maybe gain something in it for ourselves. if not, we will just wait for our AOS date which should happen within 2 years. Thanks again for the replies, it has been educational. cheers.

Soft

On 17 Jun 2002 20:20:17 GMT, somersetfolks <[email protected]> wrote:

You were being helped, you just won't listen. You want to cry and no one here is
going to baby you, or tell you your right when your wrong.

Why is it that if the information isn't posted anywhere, everyone but you knows that
is the way it is done? You enter on a k1, marry and file for aos with in 90 days, or
your out of status. That is the fact. You can cry all you want, but you won't change
the fact. You would be crying louder if the advanced parole had been issued and used,
then your loved one left outside the US. Karryl

    >Is this a forum for help or for criticism? There was no inability to file the
    >paperwork, we were told that there was no timeline. Is there anywhere that tells you
    >that you have to file within the 180 day period? NO! She entered the USA in March
    >2001, we were married in June 2001, 2 weeks before the K1 was to run out. Hawaii
    >sent us our certificate in September. We filed in April, 2002 of this year, for
    >several reasons. And the financial setback was temporary, not because of
    >unemployment. And, I will say it again, it does not state anywhere to file within a
    >specified amount of time no matter what it says, and when you are told something by
    >the INS agents, one would tend to believe it and not doubt it.
    >
    >If the INS had actually stated that problems would arise if not filed within 180
    >days, that would have been one thing, but there is no documentation on any form or
    >instructions that says you have to file within 180 days. The k1 says get married
    >within 90 days, which we did. She can work but she just can't leave until our AOS
    >meeting, and then still have to wait for the stamp. Yes, I am pissed! At the INS,
    >and I am mad at myself, but with no other option but to listen to the INS Customer
    >Service people, and to be told in writing that we would get the AP in 30 days, how
    >am i supposed to react.
    >
    >Rete, if you have nothing constructive to say, I would prefer not to hear a response
    >from you, but maybe from someone else who had this problem and maybe a solution that
    >would work.

somersetfolks

I have to post again since everyone knows that they are right and that I f***** up. I am aware of that now. Now we just wait for the AOS interview. We didn't leave the country. We will sit it out. We made the mistake. Every post, or atleast almost every post is like, you should have done this and this and you are an idiot for not doing it. Thanks for all the help. If the moderator is reading this, maybe you just want to remove the thread entirely. If any one has any HELP that they can offer for what to do or expect in the future, that is great. I have been told enough times what should have been done, what i didn't do and that I am crying. I am not crying at all, just stating facts. go england in the quarterfinals against brazil!!!!!!!!!!!!!

Paulgani

"somersetfolks" <[email protected]> wrote in message
news:[email protected]...
    > I understand that Andy, and it looks like we might be out of luck. My biggest rant
    > is that, as far as I can tell, state that anywhere. An immigration attorney we
    > contacted told us usually only lawyers and the INS know that.

Lawyers, the INS, and a few hundred yokels in this newsgroup.

Paulgani