Wow you got married last week? So how was it finally having your foreign fiance arrive in the USA? I bet it was a great feeling to finally be together in the same country together. I know those long trips back and forth were hard for the both of you. Now you get to see each other everyday and even wake up to each other. How great that must feel.
But wait you forgot something. You are married, but that does not mean your new spouse can remain in the USA. Your spouse is still considered a non immigrants and since the arrival date was last month, there is very little time before the ninety day visa expires. Now what will you do?
OK now follow along with me. Your spouse came into the USA on a conditional ninety day visa. This means your spouse has only a short amount of time to apply for an adjustment of status. I know this sounds easy, but trust me it is not.
You say you have no idea how to go about getting a change of status? Well, the process is no easier than doing the ninety day fiance visa. The I-485 Permanent US Immigrant Resident Adjustment of Status Process is a little more complex, but still can be done without an attorney with the right kind of coaching. It is not an easy process, but it is unavoidable.
Now I don't want to scare you, but the adjustment of status process has a higher percentage of denials than the K1 Visa Process. Remember that the K1 Visa Process had a forty percent denial rate. So you can imagine what that can mean for you and your spouse.
Why such a high percentage of denials for the change of status? Well the first reason is people tend to not take this as serious as the K1 Visa. They think they are married and don't have to prove anything to the USCIS. Well, I can tell you that is best way to get your adjustment denied. The second reason is not knowing what to do and submitting the wrong information. Most people will not bring the right information to the interview or fail to submit the required information to the USCIS.
What happens if you get denied. If you are denied you have two options available to you. And these options are not in your control. The first is coming back for a second interview. You must be invited back, you cannot make your own appointment. The second way is reapplying again.
Now I know reapplying sounds better than deportation, but keep in mind there is an extra cost associated with reapplying. And the effort that goes into it is no piece of cake. It is ideal to get that second interview to clear up any issues. Most of the time a second interview is all that is needed.
Can your new spouse be deported if they fail to get the adjustment of status? Ninety-nine percent of the time the answer is no. If you applied within the ninety days allowed, then you usually are given a chance to reapply if denied or time to prepare for the second interview. If you denied a third time, then there are serious problems where only an attorney or senator can help. In this circumstance you are in for a long and hard fight.
Now sit back and relax while I talk a little about the process. The form that everyone needs to submit is the I-485. It is the one that rules all other forms and supporting documentation. Submit this packet correctly and you get a nice little acceptance letter from the USCIS. Submit the application wrong and you are in for a world of trouble. With the nice little acceptance letter comes the fingerprinting and then the interview.
Good luck with the process and if you need any help you know where to find me. I can lead you down the right path if you get lost along the way. Take care and again congratulations on your happy day.
But wait you forgot something. You are married, but that does not mean your new spouse can remain in the USA. Your spouse is still considered a non immigrants and since the arrival date was last month, there is very little time before the ninety day visa expires. Now what will you do?
OK now follow along with me. Your spouse came into the USA on a conditional ninety day visa. This means your spouse has only a short amount of time to apply for an adjustment of status. I know this sounds easy, but trust me it is not.
You say you have no idea how to go about getting a change of status? Well, the process is no easier than doing the ninety day fiance visa. The I-485 Permanent US Immigrant Resident Adjustment of Status Process is a little more complex, but still can be done without an attorney with the right kind of coaching. It is not an easy process, but it is unavoidable.
Now I don't want to scare you, but the adjustment of status process has a higher percentage of denials than the K1 Visa Process. Remember that the K1 Visa Process had a forty percent denial rate. So you can imagine what that can mean for you and your spouse.
Why such a high percentage of denials for the change of status? Well the first reason is people tend to not take this as serious as the K1 Visa. They think they are married and don't have to prove anything to the USCIS. Well, I can tell you that is best way to get your adjustment denied. The second reason is not knowing what to do and submitting the wrong information. Most people will not bring the right information to the interview or fail to submit the required information to the USCIS.
What happens if you get denied. If you are denied you have two options available to you. And these options are not in your control. The first is coming back for a second interview. You must be invited back, you cannot make your own appointment. The second way is reapplying again.
Now I know reapplying sounds better than deportation, but keep in mind there is an extra cost associated with reapplying. And the effort that goes into it is no piece of cake. It is ideal to get that second interview to clear up any issues. Most of the time a second interview is all that is needed.
Can your new spouse be deported if they fail to get the adjustment of status? Ninety-nine percent of the time the answer is no. If you applied within the ninety days allowed, then you usually are given a chance to reapply if denied or time to prepare for the second interview. If you denied a third time, then there are serious problems where only an attorney or senator can help. In this circumstance you are in for a long and hard fight.
Now sit back and relax while I talk a little about the process. The form that everyone needs to submit is the I-485. It is the one that rules all other forms and supporting documentation. Submit this packet correctly and you get a nice little acceptance letter from the USCIS. Submit the application wrong and you are in for a world of trouble. With the nice little acceptance letter comes the fingerprinting and then the interview.
Good luck with the process and if you need any help you know where to find me. I can lead you down the right path if you get lost along the way. Take care and again congratulations on your happy day.
About the Author:
Art Saborio is an authority in both the "K1 I-129 Visa" and "Permanent US Immigrant Resident Adjustment of Status Process" for the new spouse. He has written many exclusive articles on these subjects. His articles and information has helped countless couples find happiness together here in the US. Please join us at K1 Visa Experts for more important information. More free articles available at http://www.k1visaexperts.com/blog
No comments:
Post a Comment