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 do?

Dear reader:

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.

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The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.