K-1 AOS

[D_n_M 0]

I have a question on the timeline after the marriage. This is what I understand. My fiancee will fillout an I-94 prior to arrival. After the marriage, which takes place within 90 days, we can file for AOS right away. If we don't she goes "out of status" which won't start to count against her until after 180 days, but only if the marriage takes place within 90. What is the 2 year mark? What needs to happen before 2 years is up? If it is the AOS there is a grey area between 180 days and 2 years. This is all a bit muddy still.

Edited February 12, 2009 by D_n_M

[Gary and Alla 3,696]

I have a question on the timeline after the marriage. This is what I understand. My fiancee will fillout an I-94 prior to arrival. After the marriage, which takes place within 90 days, we can file for AOS right away. If we don't she goes "out of status" which won't start to count against her until after 180 days, but only if the marriage takes place within 90. What is the 2 year mark? What needs to happen before 2 years is up? If it is the AOS there is a grey area between 180 days and 2 years. This is all a bit muddy still.

More or less.

Upon arrival her K-1 visa is CANCELLED and replaced by the I-94 which is good for 90 days. There is no grace period after 90 days, despite anything you have heard. You MUST (to comply with the visa) be married AND file to adjust status within 90 days, prior to expiration of the I-94. The experience of many is that if you are married but file for the AOS "late" there is no penalty or problems, BUT there is nothing in the law to protect you from this, you are taking a chance, albeit a small one.

The green card which is issued is "conditional" and good for two years. 90 days BEFORE the expiration of the conditional green card, you must file to "lift conditions", using the I-751. If you meet the terms to remove conditions she will be issued a 10 year green card and will be eligible to keep this forever, regardless if she remains married to you or not.

[Ban Hammer 14,297]

moved from K-1 Fiance(e) Visa Process & Procedures General Discussion to Adjustment of Status (Green Card) from Family Based Visas

[D_n_M 0]

Thanks... that clears things up

[D_n_M 0]

Is this statement correct?

I read this on IMMSPEC.COM

"The K-1 fiance visa has generally a validity of 180 days. The applicant must enter the USA before the ending date shown on the visa. Once the K-1 visa holders reached the U.S., they have 90-day time to get married or they have to return to their home country. In any circumstance, U.S. immigration law does not allow them to extend their 90 day limit.

After the marriage, the K1 holder is required to apply to adjust to residency status. Remember that a K-1 fiance would first usually get a 2-year conditional residency and would have to file additional paperwork later for the residence conditions to be lifted."

[Otto 83]

Is this statement correct?

I read this on IMMSPEC.COM

"The K-1 fiance visa has generally a validity of 180 days. The applicant must enter the USA before the ending date shown on the visa. Once the K-1 visa holders reached the U.S., they have 90-day time to get married or they have to return to their home country. In any circumstance, U.S. immigration law does not allow them to extend their 90 day limit.

After the marriage, the K1 holder is required to apply to adjust to residency status. Remember that a K-1 fiance would first usually get a 2-year conditional residency and would have to file additional paperwork later for the residence conditions to be lifted."

This statement pretty much sums it up.