What happens if?

[boang12 0]

We did not file for adjustment of status before her K1 Visa expires. I know it says you become out of status til you file, but does anyone know what this exactly means? Thanks for the help.

[YuAndDan 153]

K-1 is voided upon entry to the USA, the I-94 card will have a 90 day period.

You need to marry within the 90 days of the I-94. If you dont file within the 90 days, the foreign citizen becomes out of status, they are OVER STAYING.

THIS IS A FAQ.

6.1)...How soon after we get married should we apply for Adjustment of Status?

AND

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

USCIS can start removal procedures for anyone overstaying. They usually don't, and the overstay is forgiven on adjustment of status based on marriage to a US Citizen.

Edited March 26, 2008 by YuAndDan

[BigCityDave 0]

From my understanding your loved one may be deported and penalized which could mean they may never get a Visa to enter America again.

Risky....

[motu 6]

If you got married within the 90 days - then you are okay. God Luck