Jump to content

7 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Denmark
Timeline

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...


3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Share this post


Link to post
Share on other sites

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.


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

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

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Denmark
Timeline

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 by Nola123

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Share this post


Link to post
Share on other sites

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 by ceadsearc

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Share this post


Link to post
Share on other sites

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 by Evylin

Share this post


Link to post
Share on other sites

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 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!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...