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  • Green Card/USCIS Mistake

    Hi everyone,

    My wife came to the US on June 20th 2020 and we got married on June 26th 2020. Next, we applied for Social Security because we were told that is the next step. After months of waiting and calling Social Security and USCIS without any clear answers, we finally heard back from Social Security saying she is denied for a Social Security and need to apply for Adjustment of Status first. We sent our documents to USCIS on September 30th but by that time my wife's visa had expired. Below, is the letter I received from USCIS recently. Can someone please clearly explain what this means and what I need to do? I've read it multiple times but it is still not clear to me what they need or what it indicates. Thank you so much in advance!

    "The petitioner on Form I-129F and the K-1 applicant did not marry within 90 days of the K-1's arrival into the US; therefore, Form I-129F cannot be used as a basis for adjustment of status. You must submit evidence that a valid immigrant visa petition has been filled on your behalf. Any petition filed on your behalf after this I-485 applicant was received by USCIS will not make you eligible for adjustment of status with this Form I-485. If you do not have a valid petition filed on your behalf either before or at the time this Form I-485 was filed, you may withdraw this Form I-485 by sending a letter stating that you wish to withdraw this Form I-485."

  • #2
    What they said would be correct if you married more than 90 days after she entered on K1 (in which case an I-130 would need to be filed with I-485).

    However, what they said is clearly wrong since you married within 90 days of entry on K1. Since you guys married within 90 days of her entry on K1, she is eligible to file I-485 by itself (without needing I-130) no matter how long she may have been out of status. I am not sure how they made that mistake, but your response should be that you guys did marry within 90 days of the K-1 arrival, and attach a copy of the I-94 and marriage certificate proving this.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you so much for your reply!

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