How Long between Marriage and Filing AOS?

That would not have worked for you since you wanted to get married in your home country before departing for the US. K-1 applicants have to be single when they enter the US. It is meant for couples that want to get married in the US.

Beatriz said:
we had plenty of time to file for K-1
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a lot of legal assistants do that..sadly the lawyer that I consulted didn't advise me correctly, but I believe Beatriz something else might be going on with your application. Maybe the fact that you got married in your country AND then got married in the US right after that has created a conflict. Because I do know of people who entered on B1/B2 visas and have gotten married lawfully, meaning it was a bonafide marriage and were able to Adjust Status.
 
Beatriz said:
Yeah, I understand now, I can't believe that never knew of k-1, and this legal assistant never mentioned that, :( we had plenty of time to file for K-1, sure it is a huge difference.
Thank you.
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Fire the legal assistant. You seem to have a relatively "clean case" otherwise. Is consular processing not an option for you? You have only been out of status a few weeks so there is no ban against you currently if you decide to go home and do consular processing.
 
beautifulorchid said:
a lot of legal assistants do that..sadly the lawyer that I consulted didn't advise me correctly, but I believe Beatriz something else might be going on with your application. Maybe the fact that you got married in your country AND then got married in the US right after that has created a conflict. Because I do know of people who entered on B1/B2 visas and have gotten married lawfully, meaning it was a bonafide marriage and were able to Adjust Status.
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Well, thank you beautifulorchid, and I agree, sadly legal assistants sometimes do not care about the ending of the stories. Everytime that I ask her something he tells me that I don't have any problem, that everything is good and that he has been doing this for a long time (so he knows), let's see what happens.
 
ananga73 said:
Fire the legal assistant. You seem to have a relatively "clean case" otherwise. Is consular processing not an option for you? You have only been out of status a few weeks so there is no ban against you currently if you decide to go home and do consular processing.
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Fire him? Already paid, :( NVC? I think is the only option, maybe not the one that we wanted but if its the best option, I won't make more mistakes. Sadly, we thought this was the correct way.
 
Jackolantern said:
That would have made you eligible for adjustment of status, despite the I-130 saying otherwise. Did you apply for adjustment of status?
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Yes, sent formsI-864, G-325A, I-485
We received the I-7797 NOA saying that my petition was approved,(I-130) That the petition indicates that I'm in the US and will apply for adjustment of status, but also says that the evidence indicates that I'm not eligible to file an adjustment of status application. Now he wants to send I-765, I-864 and I-485. Is he looking for a second chance? Isn't better like ananga73 said, to go back to my country and do the consular processing? He told me not to worry about my I-94 expired.
 
Beatriz said:
Yes, sent formsI-864, G-325A, I-485
We received the I-7797 NOA saying that my petition was approved,(I-130) That the petition indicates that I'm in the US and will apply for adjustment of status, but also says that the evidence indicates that I'm not eligible to file an adjustment of status application. Now he wants to send I-765, I-864 and I-485. Is he looking for a second chance? Isn't better like ananga73 said, to go back to my country and do the consular processing? He told me not to worry about my I-94 expired.
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Your legal assistant seems a bit incompetent to me. Before proceeding we need to know EXACTLY why it says you are not eligible for AOS. Without that, you will just get rejected when you send I-485.
 
Sorry didnt see your answer before.

ananga73 said:
Before proceeding we need to know EXACTLY why it says you are not eligible for AOS.
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Is there a way to call them and ask why am I not eligible?
He wants to send the papers anyway, I think he forgot to send something cause he is sending forms that he already sent before.
 
ananga73 said:
You can do an INFOPASS appointment and go and meet a USCIS official at their office. Your legal assistant should know this :).

http://infopass.uscis.gov/
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Ugh, you know ananga73? At this point I dont know what does he knows, :). But we went with them cause they have a lot of clients and they're good. We know
a lot of people here in Southern CA going with them even from LA.
 
Beatriz said:
Sorry didnt see your answer before.



Is there a way to call them and ask why am I not eligible?
He wants to send the papers anyway, I think he forgot to send something cause he is sending forms that he already sent before.
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Yes there is a number you can call them on even though typically the person you speak to will not be able to provide you with any detailed information. Your legal assistant might have dropped the ball on it and probably forget to send something which is why he is hurrying to resubmit :(. I hate it when someone I am paying to do something is not upfront with me to let me know if they made a mistake. I'm sure you'll be fine tho. Let us know how it goes.:)
 
just a suggestion may be the post should be something like this

US Entry date:1997
US Entry Visa:b1/b2
Marriage Date: 2002
AOS Applied: (date)
AOS Approved: (date)

that way we can see if you filed right away, what kind of visa and how long it took to get approved :).
 
US Entry date: Dec.2010
US Entry Visa:B1/B2
Marriage Date: Mexico October 29th, 2010 USA Dec. 17, 2010
AOS Applied: Jan. 13th, 2011
NOA I-797C: Jan 14th, 2011
I-130 Approved: June 9th, 2011
 
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Beatriz said:
Sorry, I just took note of all the forms and dates just now from the emails I got for the legal assistant.
I already corrected the dates.
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Do an INFOPASS appointment and go and meet a USCIS official at their office. You will be fine. Just try to do it and get the information before you accumulate 180 days of illegal presence. That way you still have the option of going back home for consular processing without being banned for 3 or mor year in case they still wont allow you to do the AOS in here.

Keep us updated! :)

http://infopass.uscis.gov/
 
ananga73 said:
Do an INFOPASS appointment and go and meet a USCIS official at their office. You will be fine. Just try to do it and get the information before you accumulate 180 days of illegal presence. That way you still have the option of going back home for consular processing without being banned for 3 or mor year in case they still wont allow you to do the AOS in here.

Keep us updated! :)

http://infopass.uscis.gov/
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I will! Thank you!
 
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