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K-1 Overstay consequences?

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Filed: Other Country: Philippines
Timeline

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.

:bonk:

:wacko: ???

If you jump off this cliff will it hurt when you hit the ground? Do you really need to find out. Just follow the rules ... gravity works.

Edited by Hank_Amy

Hank

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Filed: Country: Vietnam (no flag)
Timeline

:thumbs:

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

Marriage to the petitioning US citizen within 90 days after arriving on the K-1 is only the first step. Without filing to adjust his status to a green card holder, you are putting your spouse at risk. Your spouse would essentially be out of status which means 1) he is not authorize to work, 2) he cannot attend school, and 3) ICE can detain him and deport him.

If you are going through the trouble of bringing him here, why would you leave him in limbo with nothing to do all day because he can not work or go to school? Idle hands = stupid things happening = stress = another mouth to feed, etc.

Just borrow the money to apply for AOS. Within two months, he would be authorized to work and contribute to the household.

Edited by aaron2020
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This thread is a year and a half OLD.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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  • 7 years later...

So, My fiance and I got married withing the 90 days but haven't had the funds until now to file the AOS. which is currently a little more than a month of overstaying. We did everything else Social Security Card and all the rest but, I'm exceptionally worried about what our next step should be. Should we just File for the AOS... ASAP now and Explain... Any input would be appreciated.

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Filed: AOS (apr) Country: Philippines
Timeline
5 minutes ago, Deyna26 said:

So, My fiance and I got married withing the 90 days but haven't had the funds until now to file the AOS. which is currently a little more than a month of overstaying. We did everything else Social Security Card and all the rest but, I'm exceptionally worried about what our next step should be. Should we just File for the AOS... ASAP now and Explain... Any input would be appreciated.

You woke up a 9 year old thread.   But ASAP is your answer 

YMMV

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Filed: Citizen (apr) Country: Russia
Timeline

And as always, a reminder that delaying AOS to save money is counterproductive.

 

As long as your spouse does not have EAD or a green card, they can't work. Any full-time job will quickly make more than the AOS fees.

 

Also, it is possible to pay AOS fees via credit card now.

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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Filed: Lift. Cond. (apr) Country: China
Timeline

There are a multitude of similarly-themed threads in the K1/K3 AOS Process Forum, with the same general response, file now for your AOS. The longer you wait, the better your chances of being "discovered" by ICE, detained, and possibly deported. Chances are you are not driving. However, if you were driving and got pulled over for a typically simple traffic violation, you would likely be detained, awaiting immigration proceedings....whenever they may be...

 

Since your timeline is vacant, cannot tell how much unauthorized stay you have already accumulated. :time:

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Citizen (apr) Country: Ecuador
Timeline

Thread from 2010 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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