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JusWonderin

What happens if I don't AOS

By JusWonderin in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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KayDeeCee Grand Master

KayDeeCee   4,904

Posted
Filed: Citizen (apr) Country: Mexico
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From what I can understand, there is no legal requirement to file AOS after marriage. Your K1 will expire and you will be out of status. Depending on how long you are out of status for, you may not be allowed back in without filing I 130 and getting CR1.

I just wanted to state that the K-1 is null and void once it is used to enter the US. The expiration date on the K-1 is merely the time you have to use it to enter, typically 6 months. The I-94 is what gives status upon arrival. When it expires 90 days later, then you start accumulating out of status days. If you have more than 180 days of overstay, then an automatic ban of 3 years would trigger if you left the US and you would not be allowed back in, even if you had AP. Then they would have to file for a spousal visa to get back in the US, if they chose to. If you leave the US before getting AP or your green card, no matter if you had no overstay or not enough to receive a ban, you will still have to file for a spousal visa to return.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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