Adjustment of status rejected after Fiancé visa and marriage

[Kogane]

Hi! I've been searching all over internet for some info and even reached out to USCIS Lockbox support but they never replied.
It seems you guys know a lot and might have some answers... I hope you can help me I'm freaking out so much about maybe being unlawfully staying!

I am French and my now husband is American. A year ago, while I was still living in France and him in USA, we applied for a K1 fiancé visa. It got processed without any issue, they didn't even check all the docs regarding my joint sponsor, his mom. They also enabled me to get an anticipated interview because they had longer delays than usual and it wasn't going to workout with the wedding date we had chosen.

On November 2nd 2019 we got married then sent our application for adjustment of status (i-485) and work authorization (i-765) in December. They received it on the 23rd. On January 16, 2020 we received a notification of rejection for the reason that there was either insufficient funds or a mistake in the G-1450 form. We triple checked everything (we had kept a copy) we found no mistake and we always had enough money... So we decided we'll resubmit with a cashier's check to be sure.

I contacted USCIS support to know what I had to do to resubmit, if I had to update everything, if it's considered a second application or a first one, if I was still good timewise etc. but they never replied (it's now been 30 days).

I never worried too much about time since I never found any information regarding a time limit to adjust status. But now I'm seriously freaking out because not only my i-94 expired January 15 (before I received the rejection notice) but my k-1 visa is expiring on March 9!
Is there any risk for me to be denied and sent back to France because of all these delays?

Thank you so much in advance if you have any information about this to give me!

[newacct]

You remain eligible to file for Adjustment of Status in your category even if you are out of status. There is no "time limit".

[azblk]

Hi! I've been searching all over internet for some info and even reached out to USCIS Lockbox support but they never replied.
It seems you guys know a lot and might have some answers... I hope you can help me I'm freaking out so much about maybe being unlawfully staying!

I am French and my now husband is American. A year ago, while I was still living in France and him in USA, we applied for a K1 fiancé visa. It got processed without any issue, they didn't even check all the docs regarding my joint sponsor, his mom. They also enabled me to get an anticipated interview because they had longer delays than usual and it wasn't going to workout with the wedding date we had chosen.

On November 2nd 2019 we got married then sent our application for adjustment of status (i-485) and work authorization (i-765) in December. They received it on the 23rd. On January 16, 2020 we received a notification of rejection for the reason that there was either insufficient funds or a mistake in the G-1450 form. We triple checked everything (we had kept a copy) we found no mistake and we always had enough money... So we decided we'll resubmit with a cashier's check to be sure.

I contacted USCIS support to know what I had to do to resubmit, if I had to update everything, if it's considered a second application or a first one, if I was still good timewise etc. but they never replied (it's now been 30 days).

I never worried too much about time since I never found any information regarding a time limit to adjust status. But now I'm seriously freaking out because not only my i-94 expired January 15 (before I received the rejection notice) but my k-1 visa is expiring on March 9!
Is there any risk for me to be denied and sent back to France because of all these delays?

Thank you so much in advance if you have any information about this to give me!

how much money did you send? It seems you sent more or less money than you should have. You can resend everything after making sure you have the correct money. Also note taht starting next week you will have to include a new form i-944

[hopefulandhappy]

I would advise to hire a good lawyer that can prepare all the documents for you. That way you are represented as well. Make sure to be on top of things when working with lawyers because they can be complacent at times.

[newacct]

Also note taht starting next week you will have to include a new form i-944

Yes, and also use the new editions of I-485 and I-864. That is if they are postmarked on Feb 24 or after. If you postmark it by Feb 23 (tomorrow), you can send it under the old rules with the old forms (without I-944).

[Kogane]

Thank you for your answers!

I finally had someone over the phone from USCIS and she said that since I came legally with a K1 visa and got married, I am here all legally and with no time limit as you said newacct .
Also she said I technically don't "have to" apply for permanent residence and work authorization, it's a choice, not an obligation. It was quite a relief!

We had sent a bank authorization for 1,225$ (1,140$ for the application for permanent residence + 85$ for biometric services). I just checked again and I don't see how these numbers can be wrong?

hopefulandhappy we searched for lawyers before starting the green card process but they were all 5,000+$ and since we have the done the whole process by ourselves so far we decided to keep going this way. With all the free time I have and having studied a bit of Law and with both our brains we figured we'd make it work. It's defintely more tricky than we planned!

As for the forms I downloaded new versions yesterday to make sure to have the most up to date documents. Should I redownload them after the 24th?

Thank you for mentioning the I-944. I had already seen it and I find it slightly scary but I try to reassure myself with the fact that my husband earns more than twice the poverty line and I have a master's degree in business, plenty of skills and none of us have debts. So whenever I can start working we'll be more than good.

[newacct]

As for the forms I downloaded new versions yesterday to make sure to have the most up to date documents. Should I redownload them after the 24th?

If you are sending them on or after the 24th, you need to use the 10/15/19 edition of the forms (the edition date is on the lower left corner of the form). Right now, the 10/15/19 edition is listed as "Preview" on the web page for each form (e.g. "Form I-485 - Preview (PDF, 1.09 MB)").

[Kogane]

Indeed! Thank you so much for all your help really.

[Johnny6751]

Hi! I've been searching all over internet for some info and even reached out to USCIS Lockbox support but they never replied.
It seems you guys know a lot and might have some answers... I hope you can help me I'm freaking out so much about maybe being unlawfully staying!

I am French and my now husband is American. A year ago, while I was still living in France and him in USA, we applied for a K1 fiancé visa. It got processed without any issue, they didn't even check all the docs regarding my joint sponsor, his mom. They also enabled me to get an anticipated interview because they had longer delays than usual and it wasn't going to workout with the wedding date we had chosen.

On November 2nd 2019 we got married then sent our application for adjustment of status (i-485) and work authorization (i-765) in December. They received it on the 23rd. On January 16, 2020 we received a notification of rejection for the reason that there was either insufficient funds or a mistake in the G-1450 form. We triple checked everything (we had kept a copy) we found no mistake and we always had enough money... So we decided we'll resubmit with a cashier's check to be sure.

I contacted USCIS support to know what I had to do to resubmit, if I had to update everything, if it's considered a second application or a first one, if I was still good timewise etc. but they never replied (it's now been 30 days).

I never worried too much about time since I never found any information regarding a time limit to adjust status. But now I'm seriously freaking out because not only my i-94 expired January 15 (before I received the rejection notice) but my k-1 visa is expiring on March 9!
Is there any risk for me to be denied and sent back to France because of all these delays?

Thank you so much in advance if you have any information about this to give me!

Doesn't matter if you "overstay" now. Your husband is a USC, from a law stand point, that forgives your overstay. Just DON'T leave the USA for any reason till your I-485 is approved or a AP document is approved. Good luck

[PKumar01]

Thanks for sharing this insight and your experience. For fiance visa applicants adjusting status, the main requirement is to get married to the US partner within 90 days of entry. After that point, you're free to adjust status any time you like and you'll still remain lawful in the US. So, the AOS being rejected (not denied) means you can resubmit with the proper payment and expect the process to continue unless there are other issues involved. So, it's a scary thing to be rejected but it doesn't mean you're denied if you can resubmit the paperwork. Also, other members are correct: you're not overstaying. And even if you were, you would be exempt from an overstay bar because you're adjusting through a family-based AOS.

[newacct]

And even if you were, you would be exempt from an overstay bar because you're adjusting through a family-based AOS.

There is no exemption from any ban. However, they don't have any ban because they have not left the US. The unlawful presence ban is only triggered if they accrue more than 180 days of unlawful presence and then leave the US. They are accruing unlawful presence right now, since it's past the date on their I-94, but it does not affect their AOS as long as they don't leave the US.

[Kogane]

Thank you for the clarification!

One question remains for me as I fill again the i-485. While my status on form i-94 as i entered was "k1", should I consider my current immigration status is "adjustment applicant under section 245" or still "k1" even though this one will have expired by the time they receive our packet?

[newacct]

Thank you for the clarification!

One question remains for me as I fill again the i-485. While my status on form i-94 as i entered was "k1", should I consider my current immigration status is "adjustment applicant under section 245" or still "k1" even though this one will have expired by the time they receive our packet?

You can write something like "K1 (expired)" or "K1 (out of status)". Make sure to also answer Yes on Part 8 #17, and just factually state the date your I-94 expired and that you stayed past it. No further explanation is necessary.

[Kogane]

Thank you so much newacct you are definitely a gem! You've helped so much!