2nd time k1 visa application..

[Elvis&Sky 26]

32 minutes ago, geowrian said:

I'm sorry, but that's just factually incorrect. Where are you getting this from? I'm genuinely curious (please don't take this the wrong way!).

Fulfilling the requirements of the K-1 visa only permits you to file for AOS. It does not grant any legal status at all. Marriage to a USC does not grant any legal status either...just permits you to file for AOS, which is what grants authorized stay.

 

Unlawful presence begins once your I-94 expires and you do not have any other form of lawful presence (i.e. authorized stay from a pending AOS application).

The rules for who accrues unlawful presence are defined in the AFM. Below is the latest memo on that for reference:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

 

It's quite unlikely that a K-1 visa holder who marries a USC within 90 days would actually be deported (assuming they are still actively engaged in marriage...i.e. not separated). They would likely be put in front of an immigration judge who will just tell them to file for AOS. Removal proceedings are a mess, so they want to avoid it if they can as well. But it's absolutely not a position you want to be in to have to face an IJ in the first place, or get detained. Again, it's not likely (people have chosen not to file for AOS for years), but it would not be the first case either.

My friend! First read again, I didn’t write that marrying a USC grants you legal status, marrying a USC “forgives” your overstays if you have any, and if you’ve entered the country with a visa, which I don’t agree with, you can read about it in the tourist visa forum section, a lot of people who entered the country as a tourist over stays and then get marry here, their overstays are forgiven and can AOS eventually.

 

If you look the I94 closer when you get here with a k1  you’ll se that the dates are the same 90 days you have get married at least that’s what mine says, So it doesn’t make Sense that after the i94 expires you become unlawful 

[geowrian 22,335]

6 minutes ago, Elvis&Sky said:

My friend! First read again, I didn’t write that marrying a USC grants you legal status, marrying a USC “forgives” your overstays if you have any, and if you’ve entered the country with a visa, which I don’t agree with, you can read about it in the tourist visa forum section, a lot of people who entered the country as a tourist over stays and then get marry here, their overstays are forgiven and can AOS eventually.

Right...but that wasn't what was stated anywhere above. The overstay is not a bar to AOS as an IR of a USC.

 

You stated "after you get married within the 90 days you’re allowed to remain in the country indefinitely" and " The I-94 becomes obsolete after you get married ". That's what was inaccurate.

1. You can file for AOS to gain authorized stay, but marrying within 90 days doesn't permit you to stay in the country indefinitely (or at all after the 90 days).
2. The I-94 applies to a K-class visa holder the same was as it does to a B-class visa holder (or any other visa holder with a fixed I-94 expiration).

Quote

If you look the I94 closer when you get here with a k1  you’ll se that the dates are the same 90 days you have get married at least that’s what mine says, So it doesn’t make Sense that after the i94 expires you become unlawful 

Yes, those dates should be the same. But that has absolutely nothing to do with the rest of your claim. After the I-94 expires, if you don't have another form of authorized stay (see the memo I linked to previously) such as a pending I-485, you start accruing unlawful presence. This applies the same for a tourist visa holder as it does for a K-1 visa holder...there's nothing special about a K-1 here other than your basis for filing AOS.

 

If you feel otherwise, can you please provide a (reputable) reference stating that you are authorized to stay more than 90 days without filing for AOS? I provided a reference right from the AFM (used by USCIS).

[Mollie09 1,543]

20 minutes ago, Elvis&Sky said:

If you look the I94 closer when you get here with a k1  you’ll se that the dates are the same 90 days you have get married at least that’s what mine says, So it doesn’t make Sense that after the i94 expires you become unlawful 

 

Source?

[Elvis&Sky 26]

5 minutes ago, geowrian said:

Right...but that wasn't what was stated anywhere above. The overstay is not a bar to AOS as an IR of a USC.

 

You stated "after you get married within the 90 days you’re allowed to remain in the country indefinitely" and " The I-94 becomes obsolete after you get married ". That's what was inaccurate.

1. You can file for AOS to gain authorized stay, but marrying within 90 days doesn't permit you to stay in the country indefinitely (or at all after the 90 days).
2. The I-94 applies to a K-class visa holder the same was as it does to a B-class visa holder (or any other visa holder with a fixed I-94 expiration).

Yes, those dates should be the same. But that has absolutely nothing to do with the rest of your claim. After the I-94 expires, if you don't have another form of authorized stay (see the memo I linked to previously) such as a pending I-485, you start accruing unlawful presence. This applies the same for a tourist visa holder as it does for a K-1 visa holder...there's nothing special about a K-1 here other than your basis for filing AOS.

 

If you feel otherwise, can you please provide a (reputable) reference stating that you are authorized to stay more than 90 days without filing for AOS? I provided a reference right from the AFM (used by USCIS).

My husband is the one responding to this topic, however after reading the responses, I think you have misread something. The I-94  does expire after the K1 visa expires, which is what the topic is about, not B-class visa holders, which is what is not being discussed. And he also said, "that time frame after you get married with a K1 and before AOS is an immigration limbo even if an ICE agent detain you they won’t know what to do with you, the might put you in deportation proceedings if they see you are not seeking a residency in the states or they might give you the opportunity to adjust." This is true. I can see what my husband is saying; it may be the case that you can wait to file 2 years after getting married to file for AOS, and this can be forgiven once you do file! However, if you do not file for AOS after the 90 days are up, and you do not apply to adjust status, which is what you have said, you are in a legal limbo and you may be deportable, although this may not be reality, you may just be told to quickly adjust status.  He also said that overstays are forgiven, which you have reiterated above. 

 

I'm not sure if you are directing this memo to the original poster or to my husband, but I'm not going to take the time to read a 51 page memo "for my reference." And technically, you are "allowed" to stay in the country, that is, until you are caught. And the legality of this overstay is debatable. You both have brought up good points that the original poster can use, there is no need to have a p*ssing contest to prove who is more right than the other.

 

 

[Elvis&Sky 26]

18 minutes ago, Mollie09 said:

 

Source?

I think my husband meant this more as a personal opinion than fact. I interpreted the I-94 expiration as, once it expires, and you have some sort of pending authorization, it doesn't matter because the I-94 is expired at that point, the point is that you have already have some sort of petition to adjust status. But if it expires, and you have not filed to adjust status, then you are most definitely unlawful, although it is forgiven once you do decide to adjust status. 

[skarletluv 3]

On 3/15/2018 at 12:53 AM, Sunnyland said:

 

 I totally agree. At least she went home when relationship was not working. Unfortunately USCIS also might question her why another US citizen so soon after the other relationship did not work. She has to be prepared for any questioning. Just in case. 

Hi there! I was married 2014 and went back to my mother country the same year I flew in the US.. I met my boyfriend (my now fiancé) several months after I got divorced on 2015 it was 2017 when we first physically met. He visited me few times and now we have a baby on the way.. 

[geowrian 22,335]

On 3/14/2018 at 4:18 PM, Elvis&Sky said:

The I-94  does expire after the K1 visa expires, which is what the topic is about, not B-class visa holders, which is what is not being discussed.

The remark about B-class holders was that it doesn't matter what visa you came on. When the I-94 expires (without a pending AOS application), you're out of status. That was my point. I think this has been cleared up, though.

 

Quote

I'm not sure if you are directing this memo to the original poster or to my husband, but I'm not going to take the time to read a 51 page memo "for my reference."

But it's a good read! haha

 

Quote

And technically, you are "allowed" to stay in the country, that is, until you are caught. And the legality of this overstay is debatable. You both have brought up good points that the original poster can use, there is no need to have a p*ssing contest to prove who is more right than the other.

Well no...you're not allowed to stay in the country illegally by any sense of the word. People do it all the time and it's not a bar to any legal immigration here. People do things they aren't allowed to do all the time. The legality of it isn't really debatable. There's nothing that makes it legal so it's the same as any other overstay.

I was just clearing up some incorrect information.

 

For reference, another K-1 visa holder got a visit by immigration agents this morning. They married within the 90 days and their I-94 expired only 2 months ago, but had not filed for AOS:

 

[Elvis&Sky 26]

3 hours ago, geowrian said:

The remark about B-class holders was that it doesn't matter what visa you came on. When the I-94 expires (without a pending AOS application), you're out of status. That was my point. I think this has been cleared up, though.

 

But it's a good read! haha

 

Well no...you're not allowed to stay in the country illegally by any sense of the word. People do it all the time and it's not a bar to any legal immigration here. People do things they aren't allowed to do all the time. The legality of it isn't really debatable. There's nothing that makes it legal so it's the same as any other overstay.

I was just clearing up some incorrect information.

 

For reference, another K-1 visa holder got a visit by immigration agents this morning. They married within the 90 days and their I-94 expired only 2 months ago, but had not filed for AOS:

 

So you reacted to something I said a few days ago, and you're just now responding to this post? I'm not sure why

......I am literally insinuating the same thing you just said, which is I put "allowed" in quotation marks, then added, "until you get caught." Obviously being illegally in a country is not good, however people do take their chances for whatever their reasons may be, hence why I said what I said, and that's MY point. I'm still going through the immigration system with my husband, so I'm not advocating for someone to do something illegally, however, in some situations, I understand things happen, and it just ends up that way. I think you're getting caught up in semantics for no good reason because what someone is saying doesn't exactly match up to what you think, even if that person is saying the same thing. I'm sure the OP's question has been answered already, and they will make whatever decision they decide, so don't quote me for any other reasons. 

[Crazy Cat 39,218]

On 3/14/2018 at 1:22 PM, Elvis&Sky said:

now there is not an specific time to AOS so when do you start counting the 180 days? The I-94 becomes obsolete after you get married and is only used as a reference that you entered the country with inspection, 

100% incorrect..........by the way, this is NOT the post to which I referred in another thread earlier today....but it is just as incorrect.