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DaSweetSpot

Married outside 90 days

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Filed: K-1 Visa Country: Philippines
Timeline

Due to circumstances way beyond our control it happened..and to make matters worse the visa expired 7/14/08 and the marriage took place on 8/5/08.

I know what has to be done for the AOS.....but money is extremely tight at the moment, so filing the AOS won't happen any time soon.

Here is my dilemma...I live on the east coast and my employer is sending me to Hawaii for a month and I want to take my asawa. My concern is travel. Although it is within the US, if I show her passport and marrage cert to airport security will I risk an immigration problem and her possible detention or deportation?

I tried to get a state non-driving ID but they won't issue one in her current status, because the marrage took place, she is technically out of K-1 status.

Other than what I should have done, Any thoughts would be appreciated.

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Due to circumstances way beyond our control it happened..and to make matters worse the visa expired 7/14/08 and the marriage took place on 8/5/08.

I know what has to be done for the AOS.....but money is extremely tight at the moment, so filing the AOS won't happen any time soon.

Here is my dilemma...I live on the east coast and my employer is sending me to Hawaii for a month and I want to take my asawa. My concern is travel. Although it is within the US, if I show her passport and marrage cert to airport security will I risk an immigration problem and her possible detention or deportation?

I tried to get a state non-driving ID but they won't issue one in her current status, because the marrage took place, she is technically out of K-1 status.

Other than what I should have done, Any thoughts would be appreciated.

Am scared for your asawa since you married her after her visa expired ..though she is legally married to you now but without her AOS she is already out of status and considered illegal coz the AOS application should have been her proof of status for now..but since its already 11 months has passed and she did not file her AOS i think she will have the problem now with the immigration.

Correct me if am wrong ppl and hope someone here can give you the best idea.

Edited by happywifeymom

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Just to clarify - You came on a K-1 visa and did not MARRY within the 90 days? (Or did not file AOS within the 90 days?)

OP married the k1 fiancee i guess after the visa expired which was after the 90 days..and 11 months now since said visa expired and no AOS yet.

Edited by happywifeymom

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Filed: K-1 Visa Country: Philippines
Timeline
Just to clarify - You came on a K-1 visa and did not MARRY within the 90 days? (Or did not file AOS within the 90 days?)

OP married the k1 fiancee i guess after the visa expired which was after the 90 days..and 11 months now since said visa expired and no AOS yet.

Correct

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Due to circumstances way beyond our control it happened..and to make matters worse the visa expired 7/14/08 and the marriage took place on 8/5/08.

I know what has to be done for the AOS.....but money is extremely tight at the moment, so filing the AOS won't happen any time soon.

Here is my dilemma...I live on the east coast and my employer is sending me to Hawaii for a month and I want to take my asawa. My concern is travel. Although it is within the US, if I show her passport and marrage cert to airport security will I risk an immigration problem and her possible detention or deportation?

I tried to get a state non-driving ID but they won't issue one in her current status, because the marrage took place, she is technically out of K-1 status.

Other than what I should have done, Any thoughts would be appreciated.

Please fill out your timeline and we might be able to help you.

If you didn't get marry within your 90-day period after she arrived at the POE, then she is out of status and needs to return to the RP. From there, you need to go ahead and file an I-130 for her and bring her over here on IR-1/CR-1 visa.

The K-1 visa is a single use visa and it expires once you arrived at the POE. If you were married within 90-day period after arriving at the POE, there is no time limit when to file for AOS. However, she cannot obtain a legal presence document until you file for the AOS/EAD. The medical she had at St. Luke's is only good for one year and if you wait to file your AOS, you will have to redo the medical again at considerable expense once the 1-year period expires.


Hokey Smoke!

Rocky: "Baby, are they still mad at us on VJ?"

Bullwinkle: "No, they are just confused."

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Filed: Timeline
Just to clarify - You came on a K-1 visa and did not MARRY within the 90 days? (Or did not file AOS within the 90 days?)

OP married the k1 fiancee i guess after the visa expired which was after the 90 days..and 11 months now since said visa expired and no AOS yet.

Correct

More bad news. Because she overstayed the K-1 Visa by more than 180 days, more than 270 days since arriving at the POE, she may face a ten-year ban from reentering the US once she returns to the Philippines.

This might be a good time to seek the intervention of your Congress person and local immigrant legal aid. Otherwise, she faces potential removal proceedings, should her case become visible above the radar, or she gets detained by authorities.

Edited by Mister_Bill

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Filed: Country: United Kingdom
Timeline
If you didn't get marry within your 90-day period after she arrived at the POE, then she is out of status and needs to return to the RP. From there, you need to go ahead and file an I-130 for her and bring her over here on IR-1/CR-1 visa.

This answer is completely incorrect. Wrong.

If a K-1 marries her USC petitioner after the 90 day K-1 admission period, she must also file I-130 from her US spouse with her AOS application (an additional $355).

She does NOT need to leave the US for a new visa. She should remain in the US until she gets her green card due to potential overstay issues.

OP is right to be concerned about flying to HI; I don't think anyone can reassure you that it's OK. The passport + marriage certificate offers her no immigration status.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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If you didn't get marry within your 90-day period after she arrived at the POE, then she is out of status and needs to return to the RP. From there, you need to go ahead and file an I-130 for her and bring her over here on IR-1/CR-1 visa.

This answer is completely incorrect. Wrong.

If a K-1 marries her USC petitioner after the 90 day K-1 admission period, she must also file I-130 from her US spouse with her AOS application (an additional $355).

She does NOT need to leave the US for a new visa. She should remain in the US until she gets her green card due to potential overstay issues.

OP is right to be concerned about flying to HI; I don't think anyone can reassure you that it's OK. The passport + marriage certificate offers her no immigration status.

If you are correct, then that is good news for the OP! :star:

I have a question for the OP: Are you the person who filed the Fiancee Petition, or, did she decide not to marry him, and married you instead?


Hokey Smoke!

Rocky: "Baby, are they still mad at us on VJ?"

Bullwinkle: "No, they are just confused."

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Filed: AOS (apr) Country: Philippines
Timeline
If you didn't get marry within your 90-day period after she arrived at the POE, then she is out of status and needs to return to the RP. From there, you need to go ahead and file an I-130 for her and bring her over here on IR-1/CR-1 visa.

This answer is completely incorrect. Wrong.

If a K-1 marries her USC petitioner after the 90 day K-1 admission period, she must also file I-130 from her US spouse with her AOS application (an additional $355).

She does NOT need to leave the US for a new visa. She should remain in the US until she gets her green card due to potential overstay issues.

OP is right to be concerned about flying to HI; I don't think anyone can reassure you that it's OK. The passport + marriage certificate offers her no immigration status.

Thank you meaxauna for setting the message straight....

The TSA is not suppose to verify immigration status but they can and have


YMMV

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If you didn't get marry within your 90-day period after she arrived at the POE, then she is out of status and needs to return to the RP. From there, you need to go ahead and file an I-130 for her and bring her over here on IR-1/CR-1 visa.

This answer is completely incorrect. Wrong.

If a K-1 marries her USC petitioner after the 90 day K-1 admission period, she must also file I-130 from her US spouse with her AOS application (an additional $355).

She does NOT need to leave the US for a new visa. She should remain in the US until she gets her green card due to potential overstay issues.

OP is right to be concerned about flying to HI; I don't think anyone can reassure you that it's OK. The passport + marriage certificate offers her no immigration status.

Thank you meaxauna for setting the message straight....

The TSA is not suppose to verify immigration status but they can and have

She could have been more tactful. A cite would have been nice, instead of acting like gods on high. Please pardon my nOObness for trying to help. Peace! :star:


Hokey Smoke!

Rocky: "Baby, are they still mad at us on VJ?"

Bullwinkle: "No, they are just confused."

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Filed: AOS (apr) Country: Philippines
Timeline
She could have been more tactful. A cite would have been nice, instead of acting like gods on high. Please pardon my nOObness for trying to help. Peace! :star:

This is all complicated stuff and likely and exception or workaround exists for many situations.... if uncertain and you are compelled to answer then best to qualify your uncertainties "I think" or something of the like


YMMV

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She could have been more tactful. A cite would have been nice, instead of acting like gods on high. Please pardon my nOObness for trying to help. Peace! :star:

This is all complicated stuff and likely and exception or workaround exists for many situations.... if uncertain and you are compelled to answer then best to qualify your uncertainties "I think" or something of the like

You're correct, but this is a discussion thread and everything here is an opinion. I think therefore, I post. :star:


Hokey Smoke!

Rocky: "Baby, are they still mad at us on VJ?"

Bullwinkle: "No, they are just confused."

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Filed: AOS (apr) Country: Philippines
Timeline
You're correct, but this is a discussion thread and everything here is an opinion. I think therefore, I post. :star:

with that approach then you need to accept the occasional "thwack" with a two by four....


YMMV

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