File AOS after k1? Time crunch?

[Mythical85 0]

My fiancée is here on a k1 visa and entered the country on August 4 from colombia. We are scheduled to get married October 13. My wife's i94 has a expiration of November 2nd. During this process I have explained to her that we need to immediately file for a adjustment of status before November 2nd or she will be considered illegally overstaying at that point despite that her visa is expired once she has entered the country but her legal protection will cease. My fiancée is stating a friend of hers told her that she can file for a AOS at any time and needs to apply for a social security card first for the process and states that she would be protected because of our marriage. I have continued to explain to her that this is not the case and a k1 is only a visa for the intent to marry with a 90 day protection that requires a adjustment of status to be granted permanent residency if approved at that point but overstay would be forgiven if the application is approved. I contacted uscis who stated that she would not have a legal status but unlikely to be deported since she would be married to a us citizen. Apparently the information provided conflicts with what the law states as this is a non immigrant visa. Can someone shed some light on this on the actual time frame we have to file for AOS? She is worried we won't have enough time to get all of her documents before November 2nd.

[Paul + Tonieta 4]

Aloha,

If you marry within the 90 days you do not have to adjust status immmediately. We adjusted status almost one year after our marriage.. We did get the social security card right away though, as its easier once you are married to get a new card in your wife;s married name if she takes yours. The drawback to not filing immediately is that your wife cannot legally work as the AOS process includes the temporary work permit and the travel permit. But if you dont need those things Or if she doesn't need to get a drivers' license you are ok for quite some time. Many people here have waited until they could raise the money to adjust status. Good luck to you both and congrats. Enjoy your lives together.

[TBoneTX 43,413]

This question is asked rather often. The information from your fiancee's friend and (gasp) from USCIS is accurate. Marry within the 90 days of her I-94's validity. If your fiancee's I-94 expires and you haven't yet filed for AOS, she's technically out of status. However, she's eligible to file. At worst, CBP/ICE would haul her in, she'd have to appear before an immigration judge, and the judge would order her to file for AOS ASAP.

Her status after the I-94 expires is "out of status, but eligible to adjust"; her status after sending the AOS package is "applicant for adjustment" or simply "adjustment applicant."

The short answer is that there is no set time by which one must file for adjustment. However, as a practical matter, it's best to do so as soon as the materials are together. If you're living or traveling anywhere within the "de-Constitutionalized zone" -- within a 100-mile radius of either U.S. border, especially the southern -- be completely aware that the CBP agents at the internal checkpoints have ZERO sense of humor, fairness, or tolerance, and they're typically looking to pop somebody. This is also why it's crucial to carry one's actual green card at ALL times -- and don't let ANYONE convince you otherwise. Federal agents can appear at the most inopportune and unpleasant of times.

The AOS package isn't all that difficult to compile. If the marriage certificate is the holdup, explain your reasoning and ask the presiding official (judge, Justice of the Peace, whomever) if you can hand-carry the signed marriage license to the courthouse yourself. Then, at the courthouse, order MULTIPLE COPIES of your marriage certificate -- produced while you wait, optimally. You'll need them for future immigration steps, and also perhaps for such things as opening joint bank accounts. You'll want one for your personal files, and the mothers-in-law typically appreciate souvenirs. We ordered 7 copies, and we have 2 left, one of which can't be found.

Also remember to apply for both EAD and AP simultaneously with your AOS. Put those two separate applications in the same outer envelope as the AOS application and mail them together.

I hope that the above answers your questions, si man.

Edited to add: Technically, the K-1 visa was dead on arrival -- her arrival through the port of entry. It's the validity of the I-94 that takes over.

Edited October 3, 2012 by TBoneTX

[bigdog 376]

You can ask for a rush on your certified marriage certificate and probably file before the I94 expires, get your SSS ASAP other wise you have to wait till you get a EAD.

[Pitaya 2,576]

This question is asked rather often. The information from your fiancee's friend and (gasp) from USCIS is accurate. Marry within the 90 days of her I-94's validity. If your fiancee's I-94 expires and you haven't yet filed for AOS, she's technically out of status. However, she's eligible to file. At worst, CBP/ICE would haul her in, she'd have to appear before an immigration judge, and the judge would order her to file for AOS ASAP.

Her status after the I-94 expires is "out of status, but eligible to adjust"; her status after sending the AOS package is "applicant for adjustment" or simply "adjustment applicant."

The short answer is that there is no set time by which one must file for adjustment. However, as a practical matter, it's best to do so as soon as the materials are together. If you're living or traveling anywhere within the "de-Constitutionalized zone" -- within a 100-mile radius of either U.S. border, especially the southern -- be completely aware that the CBP agents at the internal checkpoints have ZERO sense of humor, fairness, or tolerance, and they're typically looking to pop somebody. This is also why it's crucial to carry one's actual green card at ALL times -- and don't let ANYONE convince you otherwise. Federal agents can appear at the most inopportune and unpleasant of times.

The AOS package isn't all that difficult to compile. If the marriage certificate is the holdup, explain your reasoning and ask the presiding official (judge, Justice of the Peace, whomever) if you can hand-carry the signed marriage license to the courthouse yourself. Then, at the courthouse, order MULTIPLE COPIES of your marriage certificate -- produced while you wait, optimally. You'll need them for future immigration steps, and also perhaps for such things as opening joint bank accounts. You'll want one for your personal files, and the mothers-in-law typically appreciate souvenirs. We ordered 7 copies, and we have 2 left, one of which can't be found.

Also remember to apply for both EAD and AP simultaneously with your AOS. Put those two separate applications in the same outer envelope as the AOS application and mail them together.

I hope that the above answers your questions, si man.

Edited to add: Technically, the K-1 visa was dead on arrival -- her arrival through the port of entry. It's the validity of the I-94 that takes over.

是的，男人。 (Si, man.)

[Moomin 292]

No such thing as overstaying illegally; it's one or the other. Illegally are the ones who are not inspected at border, POE etc. Overstaying(unlawful stay) are the ones that were inspected and who are staying beyond their I94 or amount of time allowed on the visa.

Overstay is forgiven being the spouse of a US citizen but not until a decision has been made on the I485. Overstaying also means IF you run into trouble, you may be deportable, regardless of being married to a US citizen(Tbone already outlined the essential part of it). Overstaying means no job, no driver's license.

The downside of submitting AOS alot later is no driver's license, no job, having to redo the medical(if more than 12 months old), and your fiance cannot leave the US until she received either AP or greencard because she will not be let back into the US without greencard/AP.

So when to file? ASAP, because you then won't put your future wife in a position where she can't do this or that. Being out of status also means it's harder to adapt and adjust when just sitting in a house for months. If you submit AOS more than 2 years after POE(or marriage), then submit the I130 along with the other forms and evidence.

Edited October 4, 2012 by moomin