Do we need to adjust?

[N-o-l-a 7,167]

We're planning on going back to Denmark before 2 years is up on the K1 (I'm not sure what it is called after you marry). Is it necessary to do the AOS? If we didn't file right away, could we change our minds later and do it before 2 years? Can you get an EAD/AP without filing the AOS?

Let's say that we do file the AOS and move semi-permanently to Denmark at around the point we are 2 years married and in America, what would his legal status be in America?

I'm rather confused about this whole AOS thing...

[Penny Lane 8,159]

Can I ask why you're doing the K1 if you're not planning on living in the United States?

[Harpa Timsah 13,258]

K-1 is a non-immigrant visa. Getting married by itself gives you no extra privileges. You will be a non-immigrant with as many rights as a tourist. You cannot work, you cannot leave the country and come back. You cannot drive a car. You can't do much.

After your I-94 expires (90 days from entry) you will begin accumulating days of illegal presence. If you get 180 days past the expiration, then once you leave the country you will get a 3-year ban for coming back. If you overstay by a year you will get a 10-year ban.

So if you just live here for 2 years you will not be able to work, and once you leave you will not be coming back for 10 years.

If you want to avoid this, then you must file for Adjustment of Status. This will give you the right to work and travel, while it is pending your overstay clock will be stopped, once it is approved any overstay will be forgiven.

Strictly speaking, you are not required, but not doing so has serious bad consequences. Without it, you would basically be an illegal alien.

[N-o-l-a 7,167]

Can I ask why you're doing the K1 if you're not planning on living in the United States?

There are some conditions on getting residency in Denmark that we can not meet right now and will be able to meet in several years. We could both live in England without much hassle but he thinks it is too depressing. Us being together has nothing to do with America - we are just going towards whatever end will get us there faster and help preserve the relationship long term. I get uneasy with all the people thinking that America is the end goal rather than just being with their partners. Why not move to where they are if the America route takes too long and is too arduous?

K-1 is a non-immigrant visa. Getting married by itself gives you no extra privileges. You will be a non-immigrant with as many rights as a tourist. You cannot work, you cannot leave the country and come back. You cannot drive a car. You can't do much.

After your I-94 expires (90 days from entry) you will begin accumulating days of illegal presence. If you get 180 days past the expiration, then once you leave the country you will get a 3-year ban for coming back. If you overstay by a year you will get a 10-year ban.

So if you just live here for 2 years you will not be able to work, and once you leave you will not be coming back for 10 years.

If you want to avoid this, then you must file for Adjustment of Status. This will give you the right to work and travel, while it is pending your overstay clock will be stopped, once it is approved any overstay will be forgiven.

Strictly speaking, you are not required, but not doing so has serious bad consequences. Without it, you would basically be an illegal alien.

Hmmm maybe I confused AOS and lifting conditions? I guess I meant does one have to make steps towards making the residency permanent or can you just not file the paperwork towards that end?

Edited May 17, 2012 by Nola123

[ceadsearc 515]

AOS is what gives you a green card. A K-1 is a one-entry visa. Without filing AOS he is not a permanent resident as Harpa explained, and upon leaving will be banned from the country.

Removing conditions occurs 2 years after AOS to go from a 2 year GC to a 10 yr GC.

If he comes on a K-1 without filing to be a permanent resident and stays for 2 years he will not be able to return for 10 years once he leaves.

If he has a 2 yr card and just doesn't file to remove conditions he will lose his residency.

Edited May 17, 2012 by ceadsearc

[Penny Lane 8,159]

There are some conditions on getting residency in Denmark that we can not meet right now and will be able to meet in several years. We could both live in England without much hassle but he thinks it is too depressing. Us being together has nothing to do with America - we are just going towards whatever end will get us there faster and help preserve the relationship long term. I get uneasy with all the people thinking that America is the end goal rather than just being with their partners. Why not move to where they are if the America route takes too long and is too arduous?

For the K1, being with your partner in America is the end goal. Maybe not permanently, but generally for a long period of time. That's why I was asking.

The K1 simply allows you to enter the United States to get married within 90 days. Once you've entered, the K1 is gone. You need to file AOS/EAD/AP if you want the right to work and travel and become a permanent resident.

Edited May 17, 2012 by Evylin

[Harpa Timsah 13,258]

I am not sure what you are asking. If you file for Adjustment of Status, he gets his Greencard, and then in 2 years you want to move away, you can give up the Greencard and no, you do not have to file to remove conditions. You only have to file to remove conditions if you are still living in the US.

Many immigrants just want to be with their partners, and are also very irritated when people think they are "escaping" some place. My husband among them.

Coconuts was asking you, because you don't need a special visa to get married in the US if you don't want to live here.

Edited May 17, 2012 by Harpa Timsah