After Marriage

[John-Angelica 0]

Maybe a really stupid question, but I have to ask.... Is there ANYTHING that would cause my wife to be forced to return after the Visa was approved, entered the country, and we are married? Once we are married, she is here with me forever.... is this correct? I mean, outside maybe a divorce in a month ) of course I am kidding about the divorce, but I am curious about this. We get married and stay married.... my job status, my support income changes, or I go to jail.... none of these things (I dare say) would never happen, but the question remains, and with answers is knowledge, and knowledge is important. Thank you, John

[youtube 0]

you must be married within 90 days and apply for AOS

[Kathryn41 3,205]

Well, the biggest concern would be for your wife to maintain a legal status in the US.

The first step will be to adjust your wife's status from a non-resident K-1 to a Permanent Resident. That is called Adjustment of Status (AOS). When your fiancee arrives, you get married within the 90 days, then you file the I-485 AOS application with USCIS along with the proof of your marriage and your affidavit of support. USCIS will review your information, do a police check, may request an interview with both of you, or may just approve your AOS application without an interview. When the AOS is approved, your wife will receive her green card. This is her legal proof that she is a permanent resident and allowed to live in the US.

If her AOS is approved before you are married for 2 years it is a conditional Permanent Residency and good for 2 years. Just before it expires, you and your wife need to file I-751 - a petition to remove the conditions on your wife's status. That is very similar to the AOS - you collect evidence of your valid marriage, submit it with the correct fee to USCIS and they may or may not require an interview. If your wife fails to apply for AOS or fails to apply to remove the conditions on her status at the right time, then she will be out of status and USCIS is legally able to deport her.

If she commits a crime then she can also be deportable, but if you commit the crime, it shouldn't affect her status. If for some reason she does apply for social benefits (ie welfare), then as her sponsor USCIS could make you repay the cost of those benefits but they wouldn't deport her.

So basically, as long as she keeps her status up to date and doesn't break the law you two are good to go for the rest of your lives.

Edited February 27, 2008 by Kathryn41

[pushbrk 13,643]

Maybe a really stupid question, but I have to ask.... Is there ANYTHING that would cause my wife to be forced to return after the Visa was approved, entered the country, and we are married? Once we are married, she is here with me forever.... is this correct? I mean, outside maybe a divorce in a month ) of course I am kidding about the divorce, but I am curious about this. We get married and stay married.... my job status, my support income changes, or I go to jail.... none of these things (I dare say) would never happen, but the question remains, and with answers is knowledge, and knowledge is important. Thank you, John

She will need to apply to adjust her status to permanent resident. Until she's a citizen, she could be deported for criminal activity at any time.

Otherwise, yeah, you're good to go. Divorce in a month is no gaurantee she'll have to leave. Enjoy your honeymoon, then start the AOS process by reading the guide.