Confused and worried....

[hiyadews 0]

I was able to process everything in the K1 visa to bring my fiance here. We are now married, she has a bank account, State ID and SS number. My state was only willing to offer her a ID until her visa expired (which is the 21st of this month). I guess I really am at a lost what to do now. We are married and happy, but I am concerned because we have not started the AOS will she be considered over staying her visa. How can I get everything legal and straight? How can I get her a long term ID or a Driver License? Is there anyway she can work? I guess I really don't know what to do now at this point...please help.

[Ning 619]

I was able to process everything in the K1 visa to bring my fiance here. We are now married, she has a bank account, State ID and SS number. My state was only willing to offer her a ID until her visa expired (which is the 21st of this month). I guess I really am at a lost what to do now. We are married and happy, but I am concerned because we have not started the AOS will she be considered over staying her visa. How can I get everything legal and straight? How can I get her a long term ID or a Driver License? Is there anyway she can work? I guess I really don't know what to do now at this point...please help.

File to AOS as soon as you can and understand that the overstay is forgiven in these cases. She can work when she gets the EAD card which you can ask for with the AOS.

[Girl from Celebes 588]

I was able to process everything in the K1 visa to bring my fiance here. We are now married, she has a bank account, State ID and SS number. My state was only willing to offer her a ID until her visa expired (which is the 21st of this month). I guess I really am at a lost what to do now. We are married and happy, but I am concerned because we have not started the AOS will she be considered over staying her visa. How can I get everything legal and straight? How can I get her a long term ID or a Driver License? Is there anyway she can work? I guess I really don't know what to do now at this point...please help.

Some VJ members here filed AOS months after I-94 is expired. And she can't work without at least an EAD. If you don't mind my asking, why you are not started file AOS for your wife?

[hiyadews 0]

I don't understand how it would be considered overstay if we are married? Isn't that the point of the visa.....for us to get married? Well now we are married.....how would that be considered "overstaying"? So basically there is nothing more I can do until we file for AOS?

[hiyadews 0]

I had money allotted for AOS but my daughter had a medical emergency. Honestly it is just money at this moment.

[sweet cakes 326]

I was able to process everything in the K1 visa to bring my fiance here. We are now married, she has a bank account, State ID and SS number. My state was only willing to offer her a ID until her visa expired (which is the 21st of this month). I guess I really am at a lost what to do now. We are married and happy, but I am concerned because we have not started the AOS will she be considered over staying her visa. How can I get everything legal and straight? How can I get her a long term ID or a Driver License? Is there anyway she can work? I guess I really don't know what to do now at this point...please help.

Her visa expired at POE. It is the I-94 which defines her 90-day stay legal stay in US. To be able to work, she needs to apply for AOS. Since processing time may take 6 or more months for this, it is highly advisable that people apply for the EAD and AP as well, and the fees for these are waived if the intending immigrant is also applying for AOS.

VJ guide for AOS from K1: http://www.visajourney.com/content/k1guide

To apply for a driver's license, she will have to wait for at least the EAD/AP card to come through. Validity of the license is always tied up with the immigration docs she has at hand.

Edited May 14, 2014 by sweet cakes

[Ning 619]

I had money allotted for AOS but my daughter had a medical emergency. Honestly it is just money at this moment.

All you have to do is file the AOS when you are able. There will be no problem with USCIS but she wont be able to work until you file the AOS which can include the EAD for free at that time.

[sweet cakes 326]

She is not considered overstaying, but she does have to apply for AOS soon as she will be considered out of status, until she shows evidence that she is applying for AOS. The NOA for I-485 will be her new legal authorization to stay.

I agree with Ning. Don't worry too much. This is quite common. Do file as soon as you can just to avoid any potential hassle in the future.

[Caryh 5,206]

She is not considered overstaying, but she does have to apply for AOS soon as she will be considered out of status, until she shows evidence that she is applying for AOS. The NOA for I-485 will be her new legal authorization to stay.

I agree with Ning. Don't worry too much. This is quite common. Do file as soon as you can just to avoid any potential hassle in the future.

Actually anything beyond the expiration of the I-94 is legally considered an overstay even if you do get married before the I-94 expires. The accumulation of overstay days continues until such point that the AOS is applied for on the receipt date of the NOA1. These overstay days are forgiven as they are the spouse of a USC, but it does not mean they were not accrued. There is nothing magical about the K-1 visa, where it can ignore the over all rules of visas and I-94 limits.

Most people never bother reading the purpose of the I-129F form beyond the enter the USA and marriage parts, the applying to adjust status Further on in the instructions of the I-129F you're instructed to promptly file to adjust status. The forgiving the overstay days, some how makes people think they did not occur. But there have been cases of the AOS never being filed, a divorce occurring, and the beneficiary ending up with a ban on re-entry due to those overstay days.

[sweet cakes 326]

Actually anything beyond the expiration of the I-94 is legally considered an overstay even if you do get married before the I-94 expires. The accumulation of overstay days continues until such point that the AOS is applied for on the receipt date of the NOA1. These overstay days are forgiven as they are the spouse of a USC, but it does not mean they were not accrued. There is nothing magical about the K-1 visa, where it can ignore the over all rules of visas and I-94 limits.

Most people never bother reading the purpose of the I-129F form beyond the enter the USA and marriage parts, the applying to adjust status Further on in the instructions of the I-129F you're instructed to promptly file to adjust status. The forgiving the overstay days, some how makes people think they did not occur. But there have been cases of the AOS never being filed, a divorce occurring, and the beneficiary ending up with a ban on re-entry due to those overstay days.

Thanks for clearing that up for me, Caryh. Just trying to lighten up the situation, I guess.

[Harpa Timsah 13,258]

The point of the visa is to marry so that one can apply to adjust status. Marriage is not the end goal and does not protect the beneficiary from overstay.

I would borrow money to file for AOS, because she could get a job earlier and earn back the money sooner.

[Caryh 5,206]

Thanks for clearing that up for me, Caryh. Just trying to lighten up the situation, I guess.

Its a pretty common misconception about the K-1, and one that has hurt more than one beneficiary in the past. I see you giving lots of good advice here, so its a good thing you now understand it better in order to give the best advice possible. I think the easy answer "it doesn't matter if you file late", has been twisted into they're here legally after marriage.

[LmmL 46]

I agree with one of commenter, i'd borrow money to file AOS if i want spouse to be able to work as soon as possible.

I'd stay away from borders if i-94 expires cuz i'll be out of status (overstay).

[hiyadews 0]

Thanks everyone for the insight and help.

[Devy and Lynette 46]

That was so enlightening as my fiance and I want a nice wedding and as soon as we our married, I would have to appy for AOS, EAD and AP..but getting up that $1000 is crazy...how long do you think it's safe to apply after getting married could we go out a month or two?