AoS and Can I Stay?

[Emmaj 0]

Hi all,

I came to the US with my approved K1 visa on May 31st 2014 and my husband and I married on August 9th 2014. We are filling out the paperwork for the AoS now, but I am starting to worry I am not supposed to be in the US or that we have waited too long. Are there rules on this? The only reason we delayed was for money reasons.

Thanks in advance!

[JohnR! 5,495]

You're fine. You married within 90 days and you're now gong through with your AOS. Congrats and good luck!

[Girl from Celebes 588]

Hi all,

I came to the US with my approved K1 visa on May 31st 2014 and my husband and I married on August 9th 2014. We are filling out the paperwork for the AoS now, but I am starting to worry I am not supposed to be in the US or that we have waited too long. Are there rules on this? The only reason we delayed was for money reasons.

Thanks in advance!

Of course you can stay. In fact, if you are leave before got at least AP on hands then you have to start over again and file for a spousal visa if you wanted to come and stay in the US. There are many people delayed their AoS for money reasons. If you already have filed your I-485, please carry with your NOA-1, passport, and marriage certificate.

[Caryh 5,206]

If you came on a K-1 visa, your period of authorized stay was 90 days. Every day beyond that was staying without authorization. This would lead to a ban, should you have left the country before adjusting status. As the spouse of a USC, you can still apply to directly adjust status as long as you married within the first 90 days of entry. All unauthorized stay days are forgive and your green card will be issued, as long as you qualify for it. Some people actually end up getting a 10 year green card because they wait so long to adjust status. If you've been married for 2 years before they adjudicate your case, you should get a 10 year card.

[Emmaj 0]

You're fine. You married within 90 days and you're now gong through with your AOS. Congrats and good luck!

Thank you both a lot. My husband had said someone from his workplace had said the same thing, but it's nice to hear it from people here in VJ. Sometimes I get funny ideas in my head and freak out that I'm going to be sent back to Australia for us delaying this.. Hah.

"If you already have filed your I-485, please carry with your NOA-1, passport, and marriage certificate."

Are you saying here once I have filed the AoS that I should always carry these items with me regardless? Just clarifying.

Thanks again, everyone.

[Girl from Celebes 588]

Thank you both a lot. My husband had said someone from his workplace had said the same thing, but it's nice to hear it from people here in VJ. Sometimes I get funny ideas in my head and freak out that I'm going to be sent back to Australia for us delaying this.. Hah.

"If you already have filed your I-485, please carry with your NOA-1, passport, and marriage certificate."

Are you saying here once I have filed the AoS that I should always carry these items with me regardless? Just clarifying.

Thanks again, everyone.

Just in case you have been stopped by police. There are a lot cases here when people got stopped especially if they are live in the border. It is just a precaution act.

[littlej 23]

same thing happened to me (and i have the same thoughts about being sent home! lol), i just received my NOA1 the other day so you should be fine. The only issue is if your medical was over 12 months ago they may make you take another one. I'm not sure if it's 12mths from when they accept your AOS or from when they start to process it...someone else might know?

[JohnR! 5,495]

We'd never do that! We'd deport you to Mexico instead, just FSAG...

Thank you both a lot. My husband had said someone from his workplace had said the same thing, but it's nice to hear it from people here in VJ. Sometimes I get funny ideas in my head and freak out that I'm going to be sent back to Australia for us delaying this.. Hah.

"If you already have filed your I-485, please carry with your NOA-1, passport, and marriage certificate."
Are you saying here once I have filed the AoS that I should always carry these items with me regardless? Just clarifying.

Thanks again, everyone.

same thing happened to me (and i have the same thoughts about being sent home! lol), i just received my NOA1 the other day so you should be fine. The only issue is if your medical was over 12 months ago they may make you take another one. I'm not sure if it's 12mths from when they accept your AOS or from when they start to process it...someone else might know?

[Ontarkie 14,280]

~~Moved to Adjustment of Status (Green Card) from Family Based Visas, from K-1 Fiance(e) Visa Process & Procedures~~

[littlej 23]

We'd never do that! We'd deport you to Mexico instead, just FSAG...

LOL! thanks JohnR...Mexico is on my list of places to visit )

[Caryh 5,206]

LOL! thanks JohnR...Mexico is on my list of places to visit )

Well broke is not the way to visit Mexico, particularly in much of the border regions.

You actually need your passport and NOA1 letter for the I-485 to prove authorized stay in the USA. You passport, expired I-94, and marriage license only proves you're in the USA without authorization but married to an American. You could still be detained, and worst case is they convince you to sign some document where you admit breaking some immigration law.

[littlej 23]

Thanks JohnR, will be sure to carry all 3 docs

[landr 126]

same thing happened to me (and i have the same thoughts about being sent home! lol), i just received my NOA1 the other day so you should be fine. The only issue is if your medical was over 12 months ago they may make you take another one. I'm not sure if it's 12mths from when they accept your AOS or from when they start to process it...someone else might know?

From: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:​

​

The medical examination did not reveal a Class A medical condition; or ​

​

The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions.​ ^[27]

​

There was a policy update for the validity of the I-693: http://www.uscis.gov/policymanual/Updates/20140530-I-693Validity.pdf

But since people adjusting from K-1 don't submit the I-693 (unless there was an issue with their original medical/vaccination records), I don't believe this is relevant to us. That said, it doesn't mean that the adjudicating officer won't interpret it differently. I'd say that as long as you submit AOS asap after you get married, you should be fine. If you leave it for a year or two, the plus side is that you'll likely get the 10-year green card as previously mentioned (if you've been married for two years), but you "might" be asked to do another medical depending on who adjudicates your case.

Edited October 29, 2014 by landr