AOS

[VanessaTony 3,567]

"You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States".

This is the requirement for K1.Marry the US Citizen within 90 days of your entry in USA!!!!It doesn't say you must marry within 90 day so you can apply for AOS.I think you missunderstood the requirement.

That's because you haven't look deeper into the rules. A K1 does NOT have to marry in the 90 days "or be deported". In order to AOS based on the K1 they MUST marry in the 90 days. But the K1 can STILL marry the K1 petitioner after the 90 days and AOS that way, only problem is they can't AOS based on the K1, and must file an I-130. Seeing how much it costs to get the K1 it makes sense to marry in the 90 days and not file an I-130.

A K1 isn't protected just by marrying in the 90 days. They're just as protected marrying day 120. Its the marriage that gives them the chance to AOS before being deported, not the K1.

Edited November 4, 2011 by Vanessa&Tony

[CowboySweetheart 5]

When taken before an immigration judge they will be ordered to AOS immediately. The ONLY reason they're not deportable is because it's a privilege given to the USC, giving their spouse the chance to AOS. The spouse could walk in and say "not gunna AOS them" and that's it, they can be deported. If the AOS is denied, they can be deported. You mentioned one of the others, breaking the law.

[/quote

I think you are taking this way out of context.First of all if they wanted to deport me they would have done it so far.On my USCIS status doesn't say out-of-status ,or over-stay.It is says that our k1 has been accepted,and the case is on a 'post decision' status.We change address and let them know,we had to apply for getting medical help here in USA,when our daughter was born,and USCIS confirmed that I was legally eligible for that..soooooo wouldn't they have done it by now if that was the case???

Anyway,thank you all so much for your input!! Have a great evening!

[ceadsearc 516]

If your I-94 has expired and you haven't done anything else to enter a new period of authorized stay (like filing for AOS or actually being approved), then you are out-of-status. That doesn't mean ICE is going to look you up and track you down and deport you over it if you aren't doing anything illegal to catch their attention.

[Rebecca Jo 1,962]

If your I-94 has expired and you haven't done anything else to enter a new period of authorized stay (like filing for AOS or actually being approved), then you are out-of-status. That doesn't mean ICE is going to look you up and track you down and deport you over it if you aren't doing anything illegal to catch their attention.

Things can catch their attention that are unplanned. Being falsely accused of a crime for example.

[Rebecca Jo 1,962]

I think you are taking this way out of context.First of all if they wanted to deport me they would have done it so far.On my USCIS status doesn't say out-of-status ,or over-stay.It is says that our k1 has been accepted,and the case is on a 'post decision' status.We change address and let them know,we had to apply for getting medical help here in USA,when our daughter was born,and USCIS confirmed that I was legally eligible for that..soooooo wouldn't they have done it by now if that was the case???

Anyway,thank you all so much for your input!! Have a great evening!

It's not out of context. Vanessa is trying to get you to understand a legal point. When the I-94 of a K1 entrant expires, then that alien becomes "out of status". They have no legal footing in the US. Persons who have filed adjustment of status, but whose I94 is expired, are also out of status. BUT, by virtue of having filed to adjust, they are allowed to remain in the US while awaiting a decision on their case.

Filing to adjust within the window of the I94 is considered preferable by most practitioners. Should something go amiss with the status adjustment, the Service can never charge such a person with illegal presence as a ground for removal.

[ceadsearc 516]

Things can catch their attention that are unplanned. Being falsely accused of a crime for example.

I agree. My point was simply that just because USCIS is, by the commenter's own admission, aware of their status within the US, that does not mean they are still in-status.

[Rebecca Jo 1,962]

I agree. My point was simply that just because USCIS is, by the commenter's own admission, aware of their status within the US, that does not mean they are still in-status.

Pardon? You've lost me. Seriously.

[VanessaTony 3,567]

When taken before an immigration judge they will be ordered to AOS immediately. The ONLY reason they're not deportable is because it's a privilege given to the USC, giving their spouse the chance to AOS. The spouse could walk in and say "not gunna AOS them" and that's it, they can be deported. If the AOS is denied, they can be deported. You mentioned one of the others, breaking the law.

I think you are taking this way out of context.First of all if they wanted to deport me they would have done it so far.On my USCIS status doesn't say out-of-status ,or over-stay.It is says that our k1 has been accepted,and the case is on a 'post decision' status.We change address and let them know,we had to apply for getting medical help here in USA,when our daughter was born,and USCIS confirmed that I was legally eligible for that..soooooo wouldn't they have done it by now if that was the case???

Anyway,thank you all so much for your input!! Have a great evening!

Oooo so now I understand why you were unnaturally upset about my post. It had nothing to do with you. K1's are still perfectly able to adjust status after being out of status or accruing overstay. I in fact had 4 months of overstay when I AOS'd.

ICE won't chase you down to deport you. I was stating IF caught by ICE you could be locked up. Unlikely deported just ordered to AOS immediately. I was also stating that a K1 doesn't NEED to get married in the 90 days, just if they want to AOS based on that status they should.

In your particular case if you've overstayed more than 2 years you should also file an I-130. That way you will get a 10 year GC instead of the 2 year that a K1 is required to get.

As for Medicaid: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD it is not subject to the Public Charge requirement so USCIS didn't need to "confirm" anything.

Regardless, I'm not saying you're not eligible to adjust status. I'm not saying they're going to deport you as soon as you try and AOS or whatever. I'm simply explaining that a K1 isn't "protected" by marrying in the 90 days. They're just like anyone else who marries a USC, protected by the marriage itself... excusing any criminal or visa stuff that excludes them from AOSing that is.

[CowboySweetheart 5]

That's because you haven't look deeper into the rules. A K1 does NOT have to marry in the 90 days "or be deported". In order to AOS based on the K1 they MUST marry in the 90 days. But the K1 can STILL marry the K1 petitioner after the 90 days and AOS that way, only problem is they can't AOS based on the K1, and must file an I-130. Seeing how much it costs to get the K1 it makes sense to marry in the 90 days and not file an I-130.

A K1 isn't protected just by marrying in the 90 days. They're just as protected marrying day 120. Its the marriage that gives them the chance to AOS before being deported, not the K1.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the “Green Card” link to the right.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

[Dan & Jenni 457]

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the "Green Card" link to the right.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

but she did marry so that makes no difference now

ICE won't chase you down to deport you. I was stating IF caught by ICE you could be locked up. Unlikely deported just ordered to AOS immediately. I was also stating that a K1 doesn't NEED to get married in the 90 days, just if they want to AOS based on that status they should.

In your particular case if you've overstayed more than 2 years you should also file an I-130. That way you will get a 10 year GC instead of the 2 year that a K1 is required to get.

to the OP... i think that answers your original questions perfectly

good luck

[CowboySweetheart 5]

It's not out of context. Vanessa is trying to get you to understand a legal point. When the I-94 of a K1 entrant expires, then that alien becomes "out of status". They have no legal footing in the US. Persons who have filed adjustment of status, but whose I94 is expired, are also out of status. BUT, by virtue of having filed to adjust, they are allowed to remain in the US while awaiting a decision on their case.

Filing to adjust within the window of the I94 is considered preferable by most practitioners. Should something go amiss with the status adjustment, the Service can never charge such a person with illegal presence as a ground for removal.

Yes, agree with you that they are allowed to remain in the US while awaiting a decision,but also they don't say that you are committing an infraction or you risk deportation if you don't apply for AOS soon after marriage,or that you must "adjust within the window of the I94".

but she did marry so that makes no difference now

to the OP... i think that answers your original questions perfectly

good luck

Thanks!

but she did marry so that makes no difference now

to the OP... i think that answers your original questions perfectly

good luck

[/quote

Thanks!

[CowboySweetheart 5]

Oooo so now I understand why you were unnaturally upset about my post. It had nothing to do with you. K1's are still perfectly able to adjust status after being out of status or accruing overstay. I in fact had 4 months of overstay when I AOS'd.

ICE won't chase you down to deport you. I was stating IF caught by ICE you could be locked up. Unlikely deported just ordered to AOS immediately. I was also stating that a K1 doesn't NEED to get married in the 90 days, just if they want to AOS based on that status they should.

In your particular case if you've overstayed more than 2 years you should also file an I-130. That way you will get a 10 year GC instead of the 2 year that a K1 is required to get.

As for Medicaid: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD it is not subject to the Public Charge requirement so USCIS didn't need to "confirm" anything.

Regardless, I'm not saying you're not eligible to adjust status. I'm not saying they're going to deport you as soon as you try and AOS or whatever. I'm simply explaining that a K1 isn't "protected" by marrying in the 90 days. They're just like anyone else who marries a USC, protected by the marriage itself... excusing any criminal or visa stuff that excludes them from AOSing that is.

No Vanessa I am not upset with your post,but I tried and looked and looked over and over,on USCIS site and nowhere it says anything about deportation or stuff like that.I wasn't upset about your post,I respect everyone's oppinion.I was trying to tell you what I know.

Thanks for all the info!

[newlyweds2010 208]

you will have to get another medical examination, but other than that I don't think there will be any issues. you are the immediate relative of a USC, and as such you are immediately eligible to adjust status. even if you get stopped by CBP, the worst that can happen is that you will be brought in front of an immigration judge who will scold you and order that you adjust your status pronto. actually, since it's been over two years since you married, you will get a 10-year green card instead of the conditional one. Don't bother applying for AP, or if you do, don't use it, because if you travel abroad before the GC is granted, you'll be denied entry and will incur a ban for 10 years.

[CowboySweetheart 5]

you will have to get another medical examination, but other than that I don't think there will be any issues. you are the immediate relative of a USC, and as such you are immediately eligible to adjust status. even if you get stopped by CBP, the worst that can happen is that you will be brought in front of an immigration judge who will scold you and order that you adjust your status pronto. actually, since it's been over two years since you married, you will get a 10-year green card instead of the conditional one. Don't bother applying for AP, or if you do, don't use it, because if you travel abroad before the GC is granted, you'll be denied entry and will incur a ban for 10 years.

We've done the medical exam already,and have the file almost ready.By next week I hope to mail it.And we'll see what is happening next.

Thank you guys,all of you!!

[tom&tanya 48]

One thing you said stuck out for me. You said you applied for Medicaid? This might be a problem when you apply for AOS since the USA does not want the immigrant to become a public charge. Does you husband earn more than 125% above the poverty index? ( Maybe a VJ member with a similar situation can share.)