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BenjAshley

Marriage and AOS, But AFTER the 90days..........

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Filed: K-1 Visa Country: England
Timeline

Ok, so i know this isnt ideal, nor right really after all we all go through. But due to cold feet/uncertainties over marriage i need to ask this question.

What happens if we did not marry within the 90 days, could we still marry a couple months after, obviously if i didnt leave the USA?

Ive read about filing the I-130 along with I-485 to enable this to happen. Is this true??

What problems may it cause in the future, if any?

Thank you for all your help in advance...

Im just considering every angle at the minute.

Ben


MAY 1ST 2010: Met on night out in Fort Worth, TX.

SEP 24TH 2010: Ben 2 Week visit to Dallas

OCT 29TH 2010: Ashley 2 week visit to England.

DEC 25TH 2010: Ben 2 week visit to Dallas.

JAN 3RD 2011: Sent I-129F with USPS

JAN 6TH 2011: Arrived at Dallas 75266 Lockbox- Signed for by C.Thornquist at 6:03am

JAN 7TH 2011: Check Cashed

JAN 9TH 2011: NOA1 Emailed to us - Jan 6th - Sent to VSC

JAN 11TH 2011: NOA1 Hardcopy received in post (NOA1 Date: January 6th 2011)

FEB 24TH 2011: Ashley 2 week visit to England.

APR 15TH 2011: Ben 2 week visit to Dallas.

MAY 20TH 2011: NOA2 Email and Text - Approved!!!! - 134 days

MAY 26TH 2011: NOA2 Hardcopy

MAY 31ST 2011: NVC RECEIVE - Given LND Case Number

JUN 1St 2011: NVC LEAVE

JUN 6TH 2011: ARRIVE LONDON CONSULATE

JUN 11TH 2011: PACKET 3 RECEIVED

Jun 11th-28th: Visit Ashley in Dallas

JUN 30TH 2011: Medical

JUL 4TH 2011: PACKET 3 RETURNED

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Filed: Citizen (apr) Country: Russia
Timeline

As far as I know you can do this. The moment I94 expires you are out of status. If you get married (just MAKE SURE THAT IN THIS CASE YOU DO GET MARRIED), you will get automatic ban followed by automatic forgiveness as spouse of US citizen. Basically, you should be OK if got married but will be out of status.

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Filed: K-1 Visa Country: England
Timeline

I met a guy one night when i was in Dallas and he had entered on a year long work visa which expired, and then he married and filed for adjustment....

im assuming this is the same as what i am proposing i may do?


MAY 1ST 2010: Met on night out in Fort Worth, TX.

SEP 24TH 2010: Ben 2 Week visit to Dallas

OCT 29TH 2010: Ashley 2 week visit to England.

DEC 25TH 2010: Ben 2 week visit to Dallas.

JAN 3RD 2011: Sent I-129F with USPS

JAN 6TH 2011: Arrived at Dallas 75266 Lockbox- Signed for by C.Thornquist at 6:03am

JAN 7TH 2011: Check Cashed

JAN 9TH 2011: NOA1 Emailed to us - Jan 6th - Sent to VSC

JAN 11TH 2011: NOA1 Hardcopy received in post (NOA1 Date: January 6th 2011)

FEB 24TH 2011: Ashley 2 week visit to England.

APR 15TH 2011: Ben 2 week visit to Dallas.

MAY 20TH 2011: NOA2 Email and Text - Approved!!!! - 134 days

MAY 26TH 2011: NOA2 Hardcopy

MAY 31ST 2011: NVC RECEIVE - Given LND Case Number

JUN 1St 2011: NVC LEAVE

JUN 6TH 2011: ARRIVE LONDON CONSULATE

JUN 11TH 2011: PACKET 3 RECEIVED

Jun 11th-28th: Visit Ashley in Dallas

JUN 30TH 2011: Medical

JUL 4TH 2011: PACKET 3 RETURNED

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You would need to file a I-130/I-485 concurrently, because you would not be able to adjust based off of your approved I-129F because you would not have abided by the rules of that visa. You would pay $420 extra plus the costs of a full medical compared to AOSing off of your K-1 visa. You would also have a mandatory interview.

Edited by Harpa Timsah

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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Filed: K-1 Visa Country: England
Timeline

Ok thanks.

So assuming AOS would be sucessful, what/if any problems may i come across when i remove conditions or later on?

Im not even considering doing this, i just want to say to ashley that the 90 days isnt the final line, in the hope it removes the pressure of marriage.


MAY 1ST 2010: Met on night out in Fort Worth, TX.

SEP 24TH 2010: Ben 2 Week visit to Dallas

OCT 29TH 2010: Ashley 2 week visit to England.

DEC 25TH 2010: Ben 2 week visit to Dallas.

JAN 3RD 2011: Sent I-129F with USPS

JAN 6TH 2011: Arrived at Dallas 75266 Lockbox- Signed for by C.Thornquist at 6:03am

JAN 7TH 2011: Check Cashed

JAN 9TH 2011: NOA1 Emailed to us - Jan 6th - Sent to VSC

JAN 11TH 2011: NOA1 Hardcopy received in post (NOA1 Date: January 6th 2011)

FEB 24TH 2011: Ashley 2 week visit to England.

APR 15TH 2011: Ben 2 week visit to Dallas.

MAY 20TH 2011: NOA2 Email and Text - Approved!!!! - 134 days

MAY 26TH 2011: NOA2 Hardcopy

MAY 31ST 2011: NVC RECEIVE - Given LND Case Number

JUN 1St 2011: NVC LEAVE

JUN 6TH 2011: ARRIVE LONDON CONSULATE

JUN 11TH 2011: PACKET 3 RECEIVED

Jun 11th-28th: Visit Ashley in Dallas

JUN 30TH 2011: Medical

JUL 4TH 2011: PACKET 3 RETURNED

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Filed: K-1 Visa Country: England
Timeline

A mandatory interview? What do you think may be asked in ths?


MAY 1ST 2010: Met on night out in Fort Worth, TX.

SEP 24TH 2010: Ben 2 Week visit to Dallas

OCT 29TH 2010: Ashley 2 week visit to England.

DEC 25TH 2010: Ben 2 week visit to Dallas.

JAN 3RD 2011: Sent I-129F with USPS

JAN 6TH 2011: Arrived at Dallas 75266 Lockbox- Signed for by C.Thornquist at 6:03am

JAN 7TH 2011: Check Cashed

JAN 9TH 2011: NOA1 Emailed to us - Jan 6th - Sent to VSC

JAN 11TH 2011: NOA1 Hardcopy received in post (NOA1 Date: January 6th 2011)

FEB 24TH 2011: Ashley 2 week visit to England.

APR 15TH 2011: Ben 2 week visit to Dallas.

MAY 20TH 2011: NOA2 Email and Text - Approved!!!! - 134 days

MAY 26TH 2011: NOA2 Hardcopy

MAY 31ST 2011: NVC RECEIVE - Given LND Case Number

JUN 1St 2011: NVC LEAVE

JUN 6TH 2011: ARRIVE LONDON CONSULATE

JUN 11TH 2011: PACKET 3 RECEIVED

Jun 11th-28th: Visit Ashley in Dallas

JUN 30TH 2011: Medical

JUL 4TH 2011: PACKET 3 RETURNED

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Think about it well, the extra 600-700 usd really isn't worth it! Civil surgeons charge ridiculous amounts for full medicals! I wish you well..


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Filed: K-1 Visa Country: England
Timeline

Thank you!!

The money isnt really an issue. Not totally rushing into a pressured marriage (pressured by the system, not each other) and being happy long tem is more important.

Perhaps we were to keen to apply for the visa, but we have, and im just exploring all the avenues right now. I would think what i will more likely do is go over for 90days and if its not right and ready ill leave and come back to the UK and hopefully apply again in the future.


MAY 1ST 2010: Met on night out in Fort Worth, TX.

SEP 24TH 2010: Ben 2 Week visit to Dallas

OCT 29TH 2010: Ashley 2 week visit to England.

DEC 25TH 2010: Ben 2 week visit to Dallas.

JAN 3RD 2011: Sent I-129F with USPS

JAN 6TH 2011: Arrived at Dallas 75266 Lockbox- Signed for by C.Thornquist at 6:03am

JAN 7TH 2011: Check Cashed

JAN 9TH 2011: NOA1 Emailed to us - Jan 6th - Sent to VSC

JAN 11TH 2011: NOA1 Hardcopy received in post (NOA1 Date: January 6th 2011)

FEB 24TH 2011: Ashley 2 week visit to England.

APR 15TH 2011: Ben 2 week visit to Dallas.

MAY 20TH 2011: NOA2 Email and Text - Approved!!!! - 134 days

MAY 26TH 2011: NOA2 Hardcopy

MAY 31ST 2011: NVC RECEIVE - Given LND Case Number

JUN 1St 2011: NVC LEAVE

JUN 6TH 2011: ARRIVE LONDON CONSULATE

JUN 11TH 2011: PACKET 3 RECEIVED

Jun 11th-28th: Visit Ashley in Dallas

JUN 30TH 2011: Medical

JUL 4TH 2011: PACKET 3 RETURNED

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Filed: Citizen (apr) Country: Russia
Timeline

In general, I would not recommend it. Especially considering 'uncertainties about marriage'.. If you do not get married and overstayed you will be in trouble and will be banned for a long time. If you do get married anyway in this case this is not worth it. In any case I would not do it. It is legal but just pain in the butt. I think there is enough pain as is and there is no point in creating more.

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Filed: K-1 Visa Country: England
Timeline

OOK, so in general, the over stay is just not worth it. This is what i think also.

Im sure all will be fine and we will be married as planned within the 90 days. But i like to educate myself on every aspect.

Thanks


MAY 1ST 2010: Met on night out in Fort Worth, TX.

SEP 24TH 2010: Ben 2 Week visit to Dallas

OCT 29TH 2010: Ashley 2 week visit to England.

DEC 25TH 2010: Ben 2 week visit to Dallas.

JAN 3RD 2011: Sent I-129F with USPS

JAN 6TH 2011: Arrived at Dallas 75266 Lockbox- Signed for by C.Thornquist at 6:03am

JAN 7TH 2011: Check Cashed

JAN 9TH 2011: NOA1 Emailed to us - Jan 6th - Sent to VSC

JAN 11TH 2011: NOA1 Hardcopy received in post (NOA1 Date: January 6th 2011)

FEB 24TH 2011: Ashley 2 week visit to England.

APR 15TH 2011: Ben 2 week visit to Dallas.

MAY 20TH 2011: NOA2 Email and Text - Approved!!!! - 134 days

MAY 26TH 2011: NOA2 Hardcopy

MAY 31ST 2011: NVC RECEIVE - Given LND Case Number

JUN 1St 2011: NVC LEAVE

JUN 6TH 2011: ARRIVE LONDON CONSULATE

JUN 11TH 2011: PACKET 3 RECEIVED

Jun 11th-28th: Visit Ashley in Dallas

JUN 30TH 2011: Medical

JUL 4TH 2011: PACKET 3 RETURNED

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Filed: Country:
Timeline

Your question is basically: What are the pitfalls of not Marrying within 90 days of entry on a K-1 Visa, right?

Once she becomes out of status she is deport-able. Since she isn't married to you yet she doesn't have an immediate path to AOS so if she comes to CBP's attention they will detain her and removal proceedings will be initiated.

If you marry her after removal proceedings have been started the Immigration Judge will have to assume that the marriage is simply to circumvent the Removal Proceedings (Immigration Fraud) and you will have to prove otherwise.

That's the worst case scenario for her.

If none of that happens and you marry after say 5 months then you would have to file I-130 with the I-485 as she can no longer adjust status based on the I-129f although she is still bound to only being able to adjust status based on marriage to you (the petitioner for the I-129f that granted her a K-1 Visa). There will be extra expense and possibly scrutiny involved at interview time but no real problems other than that.

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Filed: K-1 Visa Country: England
Timeline

Thank you for your reply, i am actually the UK citizen who will be moving.

So can CBP hunt you down and remove you? Is that likely?

This really isnt an option whatsoever in my eyes, but like i say, im just considering and educating myslf on every angle.


MAY 1ST 2010: Met on night out in Fort Worth, TX.

SEP 24TH 2010: Ben 2 Week visit to Dallas

OCT 29TH 2010: Ashley 2 week visit to England.

DEC 25TH 2010: Ben 2 week visit to Dallas.

JAN 3RD 2011: Sent I-129F with USPS

JAN 6TH 2011: Arrived at Dallas 75266 Lockbox- Signed for by C.Thornquist at 6:03am

JAN 7TH 2011: Check Cashed

JAN 9TH 2011: NOA1 Emailed to us - Jan 6th - Sent to VSC

JAN 11TH 2011: NOA1 Hardcopy received in post (NOA1 Date: January 6th 2011)

FEB 24TH 2011: Ashley 2 week visit to England.

APR 15TH 2011: Ben 2 week visit to Dallas.

MAY 20TH 2011: NOA2 Email and Text - Approved!!!! - 134 days

MAY 26TH 2011: NOA2 Hardcopy

MAY 31ST 2011: NVC RECEIVE - Given LND Case Number

JUN 1St 2011: NVC LEAVE

JUN 6TH 2011: ARRIVE LONDON CONSULATE

JUN 11TH 2011: PACKET 3 RECEIVED

Jun 11th-28th: Visit Ashley in Dallas

JUN 30TH 2011: Medical

JUL 4TH 2011: PACKET 3 RETURNED

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Filed: Country:
Timeline
Thank you for your reply, i am actually the UK citizen who will be moving.

So can CBP hunt you down and remove you? Is that likely?

This really isnt an option whatsoever in my eyes, but like i say, im just considering and educating myslf on every angle.

CBP hunt you down, unlikely. If you are within 100 miles of the US border with Mexico then you may be stopped or go through a CBP Checkpoint and at that time your status could be questioned.

I did forget the possibility that USCIS could initial removal proceedings after you I-94 expires if you haven't file AOS. I've seen a few examples where they did that but if I remember correctly it was usually where the alien had used a round trip ticket to get to the US.

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