Website Q & A - February 17, 2007
What can a K-1 holder do whose I-485 adjustment of status application
which was sent to USCIS six months ago was rejected for incorrect
filing and only learned of the rejection now?
Dear Mr. Lee,
We made a big mistake after my wife came to the U.S. on a K-1 fiancée
visa. We got married within the 90 days like we were supposed to,
but I filed the next set of papers 6 months ago to the wrong address
and had them rejected. We did not get the rejected papers back until
now. Now it is over nine months since she came here. What can we
The critical deadline is the one for registering the marriage.
As you registered within 90 days of entry, you can file the I-485
application for your wife's adjustment of status to permanent residence
at this time without fear that you will be penalized by U.S.C.I.S.
for missing any deadline.