What happens if you overstay on a K1 visa but got married within the 90 days - overstay is about 10 months...

[ArtCess 0]

My wife came here on a K1, we got married within the 90 days but due to a series of events which included a change of jobs (for the better) a move to a different state, delayed medical etc etc we are just now getting to doing her AOS... anyone know about the consequences for this?

Edited April 2, 2009 by ArtCess

[Neonred 3,921]

None. Just file AOS as soon as you can. You shouldn't have any problem.

[Bobby+Umit 161]

My wife came here on a K1, we got married within the 90 days but due to a series of events which included a change of jobs (for the better) a move to a different state, delayed medical etc etc we are just now getting to doing her AOS... anyone know about the consequences for this?

The consequences are that your wife is "out of status" and subject to deportation, no matter if she is married or not to an USC.

Some posters in a similar situation here have had a hard time with immigration checkpoints.

As soon as you put in the AOS and get the NOA, her status will be "pending" and she will not be hassled. You probably will not have any issues in the filing.

So get that AOS done as soon as possible!

[Eric & Althea 0]

No problem except that she will not be able to have a job and travel outside the country. So, apply the soonest.

[Kathryn41 3,205]

Also, don't bother to apply for an I-131 at the same time with the AOS - it would be worthless.

While you won't experience any problems applying for the AOS while your wife is out of status - out of status time is forgiven once the spousal based AOS is approved - it means that any out of status time more than 180 days - which your wife has - would incur a 3 year ban if she left the US and tried to return before the AOS is approved. That is true even if she has an Advance Parole - I-131. So, the biggest consequences of not applying for the AOS while your wife was still in status means that she is not able to leave the country and return if there is a family emergency. If she did decide to leave the country, the AOS is considered abandoned and you two would have to start the Immigration process all over again from the beginning, only using a spousal visa this time.

Once you file for the AOS your wife's status will be "AOS applicant" . She will have a legal status in the US but it won't erase the 10 months out of status time. That will only happen after she is approved. She will be able to work though, once she gets either her EAD or her green card - just won't be able to travel.

Edited April 2, 2009 by Kathryn41