Marrying at very end of K1

[Cody and Daisy 374]

You would not be here legally, seems like you are arguing semantics.

How about Prospective Citizen?

Makes us sound a bit too fancy.

But better than people telling each other that you are illegal until AOS is filled.

You are a prospective citizen until AOS?

You are a nomad until seemed fit otherwise?

Edited February 17, 2015 by Cody and Daisy

[Boiler 46,931]

They all pretty much mean the same, not sure why it matters so much.

[ConorBradley89 5]

Wow I really wasn't expecting such an awesome response from everyone, this site has been a real help and I am glad to report that her parents have backed off a little and they are set to get married well within the 90 day time frame. I am passing on his thanks to you all.

[Cody and Daisy 374]

They all pretty much mean the same, not sure why it matters so much.

This is very off topic so I'll try and make myself clear but if not it's fine, it's not exactly a problem.

Illegal sounds criminal.

According to everything I've read on uscis and here and so far gone through, I don't think that the stage in between then 90 day period and AOS as illegal.

I don't think it should be defined on here as illegal.

Illegal sounds like something you've done wrong, makes people feel like they will get deported and stopped and cited for that in between period, because there is a small small small chance of that happening.

Uscis state that we should file AOS as soon as we can after marriage, but do not state that we have to.

It's a suggestion to do it sooner rather than later.

Which is what everyone wants to do anyway.

So in my head they are not the same things.

Anyway- scrap this.

I'd say some on the actual topic at hand but I'd come across quiet rude possibly.

OP- your friends need to live their own life.

If they marry at the end of the 90 day period that's fine.

As long as it's not after.

But if they can't live their own life, they aren't exactly going to listen to a bunch of strangers on the Internet.

Get married. File AOS. Bing bang bosh.

[Darnell 8,479]

Wow I really wasn't expecting such an awesome response from everyone, this site has been a real help and I am glad to report that her parents have backed off a little and they are set to get married well within the 90 day time frame. I am passing on his thanks to you all.

That's great ! If'n there's a party, hey - invite us !!! Free nosh always fun ! We can be witnesses if need be for consummation night.

[KayDeeCee 4,900]

This is very off topic so I'll try and make myself clear but if not it's fine, it's not exactly a problem.

Illegal sounds criminal.

According to everything I've read on uscis and here and so far gone through, I don't think that the stage in between then 90 day period and AOS as illegal.

I don't think it should be defined on here as illegal.

Illegal sounds like something you've done wrong, makes people feel like they will get deported and stopped and cited for that in between period, because there is a small small small chance of that happening.

Uscis state that we should file AOS as soon as we can after marriage, but do not state that we have to.

It's a suggestion to do it sooner rather than later.

Which is what everyone wants to do anyway.

So in my head they are not the same things.

out of status = overstay = unlawful presence = illegal

Being in the US illegally does not only mean you entered without inspection. This is why ICE can detain a K-1 entrant that has an expired I-94. It is a rare occurrence, but it has happened.

The K-1 is a special case type of non-immigrant visa, since it actually has immigrant intent. However, it is still a non-immigrant visa and the same rules apply to it as entry with any other non-immigrant visa. When the I-94 expires, you begin accruing days of unlawful presence. When you apply for AOS and are awaiting a decision, you are in a new period of authorized stay.

http://www.state.gov/documents/organization/87120.pdf

9 FAM 40.92 N1 INTERPRETATION OF "UNLAWFUL PRESENCE"

(CT:VISA-1741; 10-13-2011)

a. INA 212(a)(9)(B)(ii) (8 U.S.C. 1182(a)(9)(B)(ii)) provides the following construction for the term "unlawful presence": “… the alien is present in the United States after the expiration of the period of stay authorized by the [secretary of Homeland Security] or is present in the United States without being admitted or paroled." Under this construction, an alien would generally be unlawfully present if he or she entered the United States without inspection, or stayed beyond the date specified on the Form I-94, Arrival and Departure Record, or was found by the Department of Homeland Security (DHS) or an immigration judge or the Board of Immigration Appeals (BIA) to have violated status. However, even aliens fitting into one of these categories may be deemed to be in a period of authorized stay in certain circumstances, as noted below.

b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" as used in the construction of unlawful presence in INA 212(a)(9)(B)(ii) to include:

(1) For aliens inspected and admitted or paroled until a date specified on the Form I-94 or any extension, any period of presence in the United States up until either:

(a) The expiration of the Form I-94 (or any extension); or

(b) A formal finding of a status violation made by DHS or an immigration judge or the BIA in the context of an application for an immigration benefit or in removal proceedings, whichever comes first.

...

(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);

Edited February 20, 2015 by KayDeeCee

[CheekyMonkeys154 27]

But you are here at that point without documentation and permission. You are actually suppose to do it within 90 days. While they do allow you to do it after the 90 days as long as you married. You are in fact here without documentation and the proper paperwork you need to maintain your residency within this country. Which means in a sense yes you are here illegally. But not an "illegal" so lets be clear. There was no ill intention with my comment and no need to be upset or rude. It is just in fact correct that you are suppose to do it within 90 days since your permission to be here expires after 90 days unless you have already applied for AOS. I do understand that there are plenty of people who do it after 90 days due to circumstances and money. It is very expensive process.

[Ontarkie 14,872]

~~Thread is now closed as the OP has been back with an update and the derailing of this thread still continues. If you want to continue start a new thread in the appropriate forum.~~