K-1 Overstay consequences?

[mkomav 0]

Ok, so I see on another page of visajourney this info:

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

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

But what does this mean? If we overstay the 90 days without marriage, would he get deported? Is the AOS based on marriage to a US citizen/relative petition a pretty sure thing? Any info would be great.

[Amyyduck 20]

My advice: Don't try to play the system. Get married within the 90 days and you won't have to worry.

[newlyweds2010 208]

if you don't get married within the 90 days of the K1 visa, you have to add another form (I-130) and some other hundreds of $$ to your AOS package.

and then, of course, expect to be questioned at the interview as to why you didn't get married within the 90 days. I think it's at least human for the interviewer to be curious and ask why you did not comply with the visa.

Obviously after the 90 days have passed you become out of status. Actually, you'd be out of status even if you married but didn't send your AOS application within the same 90 days.

The difference is that while the foreign spouse of a USC is eligible to adjust status, and USUALLY will get scolded for not having done so yet and nothing more, an out-of-status foreigner that did not marry the USC petitioner of his visa is subject to deportation. it would be the same as overstaying a tourist visa or the VWP.

of course, the longer you wait the worse it is, especially if you live down south near the mexican border. the odds of being stopped by CBP would be higher.

Added: and yeah, I'd listen to Amyyduck's advice.

Edited September 22, 2010 by newlyweds2010

[SuperDuper! 230]

if you don't get married within the 90 days of the K1 visa, you have to add another form (I-130) and some other hundreds of $ to your AOS package.

and then, of course, expect to be questioned at the interview as to why you didn't get married within the 90 days. I think it's at least human for the interviewer to be curious and ask why you did not comply with the visa.

Obviously after the 90 days have passed you become out of status. Actually, you'd be out of status even if you married but didn't send your AOS application within the same 90 days.

The difference is that while the foreign spouse of a USC is eligible to adjust status, and USUALLY will get scolded for not having done so yet and nothing more, an out-of-status foreigner that did not marry the USC petitioner of his visa is subject to deportation. it would be the same as overstaying a tourist visa or the VWP.

of course, the longer you wait the worse it is, especially if you live down south near the mexican border. the odds of being stopped by CBP would be higher.

Added: and yeah, I'd listen to Amyyduck's advice.

What he said!

and ps, Amyduck is never wrong!

[Amyyduck 20]

and ps, Amyduck is never wrong!

[newlyweds2010 208]

Oh, one more thing: it wouldn't be a great idea to get married after the deportation process starts.

Edited September 22, 2010 by newlyweds2010

[Gary and Alla 3,694]

Ok, so I see on another page of visajourney this info:

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

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

But what does this mean? If we overstay the 90 days without marriage, would he get deported? Is the AOS based on marriage to a US citizen/relative petition a pretty sure thing? Any info would be great.

Without marriage he COULD be deported, there would be nothing to protect his status. Marriage to a US citizen would prevent, effectively, deportation. If it is determined that YOU, the petitioner petitioned fraudulently, there are criminal penalties for that.

Yes, you can file with an I-130 if you do not get married before 90 days. I do not recommend it. It is not a sure thing that you will receive AOS, ever.

[NigeriaorBust 4,087]

After the 90 days you can only adjust with the USC that petitioned you not just any USC. If you were to marry someone else you would have to leave the country and if you stayed too long deal with the waivers.

[mkomav 0]

Wow, thanks everyone for the prompt replies! It'll help us figure it out for sure...

[tallfrond 2]

Also keep in mind, you have six months to enter the country on your visa after receiving it. The 90 day countdown doesn't start until you actually enter the country. If it helps at all, you can delay your entry and thus move the 90-day window closer to whenever you need to get married.

[Ryan H 3,798]

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

Also keep in mind, you have six months to enter the country on your visa after receiving it. The 90 day countdown doesn't start until you actually enter the country. If it helps at all, you can delay your entry and thus move the 90-day window closer to whenever you need to get married.

The best thing for you to do is to get married and begin the AOS process within 90 days of arrival. As tallrond said, you have some maneuverability in regards when that day of arrival is.

[amykathleen2005 441]

Why go through all the trouble of getting a visa that specifically states that you must be married within 90 days of entering if you are going to ignore its intention?

[newlyweds2010 208]

Why go through all the trouble of getting a visa that specifically states that you must be married within 90 days of entering if you are going to ignore its intention?

The 90-day timeframe is the only real requirement. I'd comply at least with that.

[Aztec&Taino 144]

Why go through all the trouble of getting a visa that specifically states that you must be married within 90 days of entering if you are going to ignore its intention?

Yeap!

[Tyguide 0]

How did this work out for you?

Ok, so I see on another page of visajourney this info:

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

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

But what does this mean? If we overstay the 90 days without marriage, would he get deported? Is the AOS based on marriage to a US citizen/relative petition a pretty sure thing? Any info would be great.