time limit to file for adjustment of status after K1?

[Richard Moss 17]

my visa service said that there is no real time limit after marriage (within 90 days of arrival) the immigration agents that knocked on my door this morning said that there was but couldn't tell me where it is documented.  we are preparing the paperwork now  after being married on December 5th.... the 90 days did not expire until January 13.  Can someone tell me who is correct? the immigration agents were very nice by the way but said my wife was subject to arrest?  

[Ben&Zian 4,397]

3 minutes ago, Richard Moss said:

my visa service said that there is no real time limit after marriage (within 90 days of arrival) the immigration agents that knocked on my door this morning said that there was but couldn't tell me where it is documented.  we are preparing the paperwork now  after being married on December 5th.... the 90 days did not expire until January 13.  Can someone tell me who is correct? the immigration agents were very nice by the way but said my wife was subject to arrest?  

 

Technically there is no time limit. As long as you marry within the 90 days, you fullfilled the K-1 visa requirements.

 

There are people who sometimes wait a year or more to file for AOS.

 

Now, that being said. After the 90 days, the I-94 expires and your now spouse is out of status (illegal) and could be swept up and removed legally.

 

That is why it is always suggested to marry and file before the 90 days to ensure that you receive the NOA1 for AOS, that "re-instates" a legal status and they can't be arrested/removed because the AOS is processing.

Edited March 21, 2018 by Ben&Zian

[Crazy Cat 39,227]

14 minutes ago, Richard Moss said:

my visa service said that there is no real time limit after marriage (within 90 days of arrival) the immigration agents that knocked on my door this morning said that there was but couldn't tell me where it is documented.  we are preparing the paperwork now  after being married on December 5th.... the 90 days did not expire until January 13.  Can someone tell me who is correct? the immigration agents were very nice by the way but said my wife was subject to arrest?  

If AOS is not filed prior to I-94 expiration date, the new spouse is out of status, and is subject to removal.

 

I think a good way to say it is "Any time between expiration date on the I-94 and AOS filing date, the new spouse is subject to arrest.

Edited March 21, 2018 by missileman

[Londonergirl 133]

They knocked on your door this morning?!

[doggieandsam 765]

yeah, i was gonna ask the same thing! they actually came to your house???

[Richard Moss 17]

12 minutes ago, doggieandsam said:

yeah, i was gonna ask the same thing! they actually came to your house???

Yes they knocked on the door this morning.

I was very surprised based on what I was told by my service.  

[doggieandsam 765]

1 minute ago, Richard Moss said:

Yes they knocked on the door this morning.

I was very surprised based on what I was told by my service.  

Wow, this is the first time i've heard of this happen.

[Richard Moss 17]

2 minutes ago, doggieandsam said:

Wow, this is the first time i've heard of this happen.

well I am the first at something!  I hope it is the last time... I am working on my AOS paperwork now!

[Crazy Cat 39,227]

6 minutes ago, Richard Moss said:

Yes they knocked on the door this morning.

I was very surprised based on what I was told by my service.  

There have been people who waited years to file AOS.......there was even a guy here on VJ who recently said "The K-1 is a SPECIAL visa which gives the fiance protection to stay in the US as long as they want without fear of being removed as long as they have intent to adjust status."...........He was sadly mistaken...............any K-1 spouse is out of status after the expiration date on his/her I-94 until filing AOS.  They then have an "authorized stay" status........

Edited March 21, 2018 by missileman

[doggieandsam 765]

2 minutes ago, Richard Moss said:

well I am the first at something!  I hope it is the last time... I am working on my AOS paperwork now!

good luck! be quick but thorough. the sooner you send it in, the sooner your wife will get her NOA1 and therefore "authorized stay".

[Hypnos 6,576]

You were fortunate not to be detained. 

 

I'm not sure what was the point of them visiting your home otherwise. 

[doggieandsam 765]

was there any red flags in your case that might have tipped the immigration agents to want to pay you guys a visit? 

[Crazy Cat 39,227]

OP-  Thank you for sharing this story.  This question comes around pretty often here.  Your experience serves as a good evidence as to wwhy filing AOS as soon as possible is wise.

[geowrian 22,335]

Yes, thanks for sharing your experience.

 

To be blunt, it's quite unusual and unlikely for immigration to even care about the spouse of a USC who married within 90 days and just didn't file for AOS yet. As others noted, people have done that for years without any issues. But also as noted above, your legal status terminates with your I-94 (90 days after POE), so one was always technically deportable after that date if they have not filed for AOS yet. Your experience is just yet another confirmation that it is possible.

 

Luckily they didn't pursue any further action, but I'm sure the experience was enough to nudge you along.That had to be an unexpected visit.

[Unlockable 7,306]

23 minutes ago, Richard Moss said:

Yes they knocked on the door this morning.

I was very surprised based on what I was told by my service.  

20 minutes ago, doggieandsam said:

Wow, this is the first time i've heard of this happen.

I vaguely remember someone getting a visit before, but I think it was during the AOS process.

 

17 minutes ago, missileman said:

There have been people who waited years to file AOS.......there was even a guy here on VJ who recently said "The K-1 is a SPECIAL visa which gives the fiance protection to stay in the US as long as they want without fear of being removed as long as they have intent to adjust status."...........He was sadly mistaken...............any K-1 spouse is out of status after the expiration date on his/her I-94 until filing AOS.  They then have an "authorized stay" status........

I am definitely subscribing to this thread for future reference for anyone else who believes that a K1 visa alone gives the beneficiary pure immunity.

Edited March 21, 2018 by NuestraUnion