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K1 visa married after 90 days, out of status for 6 months... what are the consequences?

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What are the consequences of getting here in US with a K1 visa but got married after the 90 days period? Until now, the couple seem not to care for applying AOS and the non-US citizen party has been out of status now for more than 6 months, no government ID's and san has been issued since she has no legal status to stay, so they cannot file any joint bank accounts.

They already had a history in USCIS for letting their 129F petition approval expire before, fortunately it was automatically extended by the embassy.


Love conquers everything!!!

Our Timeline:

03.21.2006 - Met Online

04.21.2006 - Officially On

09.24.2008 - First Visit in the Philippines

01.07.2009 - Submitted I-129F to USCIS

01.09.2009 - Received I-129F by USCIS

04.19.2009 - Notice of Approval

05.16.2009 - Case received by NVC

06.03.2009 - Left NVC to US Embassy Manila

06.11.2009 - Case received by US Embassy Manila

06.16.2009 - Received appointment letter from US Embassy

06.22.2009 - Received via email confirmed interview appointment

07.08.2009 - First day of Medical Examination at SLMCEC

07.09.2009 - Immunization Day, PASSED Medical Exam

07.16.2009 - Visa Interview.... APPROVED!!!!

07.30.2009 - Visa at Hand

09.24.2009 - Entry to US

11.18.2009 - Wedding

AOS Journey:

04.13.2010 - mailed AOS application

04.14.2010 - USCIS received my AOS application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

08.13.2010 - APPROVED!!!

EAD Application:

04.13.2010 - mailed EAD application

04.14.2010 - USCIS received EAD application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

06.17.2010 - APPROVED!!!

LIFTING GC Conditions:

05.07.2012 - I-751 application sent

05.10.2012 - VSC received application

05.16.2012 - check cleared

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Out of status is out of status. If she gets caught up in something where her status matters it could be a problem that could possibly lead to deportation.

Best advice is to file for the adjustment of status.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Out of status is out of status. If she gets caught up in something where her status matters it could be a problem that could possibly lead to deportation.

Best advice is to file for the adjustment of status.

will she get deported even if she's married with a USC?


Love conquers everything!!!

Our Timeline:

03.21.2006 - Met Online

04.21.2006 - Officially On

09.24.2008 - First Visit in the Philippines

01.07.2009 - Submitted I-129F to USCIS

01.09.2009 - Received I-129F by USCIS

04.19.2009 - Notice of Approval

05.16.2009 - Case received by NVC

06.03.2009 - Left NVC to US Embassy Manila

06.11.2009 - Case received by US Embassy Manila

06.16.2009 - Received appointment letter from US Embassy

06.22.2009 - Received via email confirmed interview appointment

07.08.2009 - First day of Medical Examination at SLMCEC

07.09.2009 - Immunization Day, PASSED Medical Exam

07.16.2009 - Visa Interview.... APPROVED!!!!

07.30.2009 - Visa at Hand

09.24.2009 - Entry to US

11.18.2009 - Wedding

AOS Journey:

04.13.2010 - mailed AOS application

04.14.2010 - USCIS received my AOS application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

08.13.2010 - APPROVED!!!

EAD Application:

04.13.2010 - mailed EAD application

04.14.2010 - USCIS received EAD application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

06.17.2010 - APPROVED!!!

LIFTING GC Conditions:

05.07.2012 - I-751 application sent

05.10.2012 - VSC received application

05.16.2012 - check cleared

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Married after the period means start again.

If they are happy living with the issue and the potential consequences, well it is their lives.

will she get deported even if she's married with a USC?

Marriage in itself does nothing.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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yes, same person... I think the USC is too lazy to worry about paperwork to care and worry... He also mentioned before that he is now stuck with her... if they love each other, I don't understand why they don't worry about legalities of making sure they will be together forever?


Love conquers everything!!!

Our Timeline:

03.21.2006 - Met Online

04.21.2006 - Officially On

09.24.2008 - First Visit in the Philippines

01.07.2009 - Submitted I-129F to USCIS

01.09.2009 - Received I-129F by USCIS

04.19.2009 - Notice of Approval

05.16.2009 - Case received by NVC

06.03.2009 - Left NVC to US Embassy Manila

06.11.2009 - Case received by US Embassy Manila

06.16.2009 - Received appointment letter from US Embassy

06.22.2009 - Received via email confirmed interview appointment

07.08.2009 - First day of Medical Examination at SLMCEC

07.09.2009 - Immunization Day, PASSED Medical Exam

07.16.2009 - Visa Interview.... APPROVED!!!!

07.30.2009 - Visa at Hand

09.24.2009 - Entry to US

11.18.2009 - Wedding

AOS Journey:

04.13.2010 - mailed AOS application

04.14.2010 - USCIS received my AOS application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

08.13.2010 - APPROVED!!!

EAD Application:

04.13.2010 - mailed EAD application

04.14.2010 - USCIS received EAD application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

06.17.2010 - APPROVED!!!

LIFTING GC Conditions:

05.07.2012 - I-751 application sent

05.10.2012 - VSC received application

05.16.2012 - check cleared

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The requirements for the K1 visa is that upon arrival to the US, couple has 90 days to marry. If you don't marry within those 90 days the visa is no longer valid.

You have 0 grounds to apply or AOS.

The immigrating party is here illegally and has 0 ability to AOS since the terms to K1 was not met.

Edited by Jameel and Kasey

I-129F Process

Package Sent: 06/04/2014
Accepted (NOA1): 06/12/2014
Alien Reg. # Changed: 06/16/2014
Petition Approved (NOA2): 08/21/2014
Arrived at Consulate: 09/12/2014
DS160 Completed: 10/07/2014
Readiness: 10/07/2014
Medical: 10/08/2014
Interview: 12/09/2014 - APPROVED!
- CEAC Change to NonImmigrant - 12/10/2014
- CEAC Changed to AP - 12/11/2014
- CEAC Changed to Issued - 12/12/2014
Passport/Visa Received: 12/17/2014
POE: 12/22/2014 Chicago
Wedding: 02/03/2015



Our beautiful baby girl was born via csection January 10th 2015.

AOS Process

Mailed I-485, I-131 and I-765: 07/24/2015
Packet Delivered: 07/27/2015
Electronic NOA: 07/30/2015
Check Cashed: 07/31/2015
NOA1's Hardcopies Received: 08/04/2015
Biometrics Appt: 08/18/2015

EAD/AP Approved: 10/02/2015

- Card Ordered: 10/02/2015

- Approval Mailed: 10/06/2015

- Approval Received: 10/07/2015

- Combo Card Received: 10/08/2015

Interview: No Interview or VW
AOS Decision: Approved 01/30/2016

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The requirements for the K1 visa is that upon arrival to the US, couple has 90 days to marry. If you don't marry within those 90 days the visa is no longer valid.

You have 0 grounds to apply or AOS.

The immigrating party is here illegally and has 0 ability to AOS since the terms to K1 was not met.

100% wrong.

Marriage after the 90 days means they need to submit an I-130 along with AOS. The K-1 becomes irrelevant. Since the person was legally admitted to the U.S., the process is exactly the same as if the person arrived on the VWP or a visitor visa.

Edited by aaron2020

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100% wrong.

Marriage after the 90 days means they need to submit an I-130 along with AOS. The K-1 becomes irrelevant. Since the person was legally admitted to the U.S., the process is exactly the same as if the person arrived on the VWP or a visitor visa.

No, not 100% wrong.

Since they did not fullfill the agreement of the K1 visa, they can not file as a K1 visa holder wishing to adjust status.

However, you are right, that they would need to file a I130 on top of the AOS paperwork as a spouse/relative since the requirements for the K1 were not met.


I-129F Process

Package Sent: 06/04/2014
Accepted (NOA1): 06/12/2014
Alien Reg. # Changed: 06/16/2014
Petition Approved (NOA2): 08/21/2014
Arrived at Consulate: 09/12/2014
DS160 Completed: 10/07/2014
Readiness: 10/07/2014
Medical: 10/08/2014
Interview: 12/09/2014 - APPROVED!
- CEAC Change to NonImmigrant - 12/10/2014
- CEAC Changed to AP - 12/11/2014
- CEAC Changed to Issued - 12/12/2014
Passport/Visa Received: 12/17/2014
POE: 12/22/2014 Chicago
Wedding: 02/03/2015



Our beautiful baby girl was born via csection January 10th 2015.

AOS Process

Mailed I-485, I-131 and I-765: 07/24/2015
Packet Delivered: 07/27/2015
Electronic NOA: 07/30/2015
Check Cashed: 07/31/2015
NOA1's Hardcopies Received: 08/04/2015
Biometrics Appt: 08/18/2015

EAD/AP Approved: 10/02/2015

- Card Ordered: 10/02/2015

- Approval Mailed: 10/06/2015

- Approval Received: 10/07/2015

- Combo Card Received: 10/08/2015

Interview: No Interview or VW
AOS Decision: Approved 01/30/2016

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No, not 100% wrong.

Since they did not fullfill the agreement of the K1 visa, they can not file as a K1 visa holder wishing to adjust status.

However, you are right, that they would need to file a I130 on top of the AOS paperwork as a spouse/relative since the requirements for the K1 were not met.

What happened to 0 grounds to AOS?

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What happened to 0 grounds to AOS?

They entered the states on a K1 visa. They have 0 grounds to file AOS based on a K1 since they got married beyond the 90 days.

The only route, again, is to file a I-130 with the AOS paperwork.


I-129F Process

Package Sent: 06/04/2014
Accepted (NOA1): 06/12/2014
Alien Reg. # Changed: 06/16/2014
Petition Approved (NOA2): 08/21/2014
Arrived at Consulate: 09/12/2014
DS160 Completed: 10/07/2014
Readiness: 10/07/2014
Medical: 10/08/2014
Interview: 12/09/2014 - APPROVED!
- CEAC Change to NonImmigrant - 12/10/2014
- CEAC Changed to AP - 12/11/2014
- CEAC Changed to Issued - 12/12/2014
Passport/Visa Received: 12/17/2014
POE: 12/22/2014 Chicago
Wedding: 02/03/2015



Our beautiful baby girl was born via csection January 10th 2015.

AOS Process

Mailed I-485, I-131 and I-765: 07/24/2015
Packet Delivered: 07/27/2015
Electronic NOA: 07/30/2015
Check Cashed: 07/31/2015
NOA1's Hardcopies Received: 08/04/2015
Biometrics Appt: 08/18/2015

EAD/AP Approved: 10/02/2015

- Card Ordered: 10/02/2015

- Approval Mailed: 10/06/2015

- Approval Received: 10/07/2015

- Combo Card Received: 10/08/2015

Interview: No Interview or VW
AOS Decision: Approved 01/30/2016

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~Non-contributory post removed, post constructively or do not post~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

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They entered the states on a K1 visa. They have 0 grounds to file AOS based on a K1 since they got married beyond the 90 days.

The only route, again, is to file a I-130 with the AOS paperwork.

So you are saying it is OK to let K1 visa expire because there is a way to get out of it anyways like file another I-130 and AOS. And now, some would think that because they are married to USC, they can get green card whenever they want to without being sanctioned for violating immigration rules/laws? Have you heard of any case that a K1 overstay married to USC has been deported for overstaying?


Love conquers everything!!!

Our Timeline:

03.21.2006 - Met Online

04.21.2006 - Officially On

09.24.2008 - First Visit in the Philippines

01.07.2009 - Submitted I-129F to USCIS

01.09.2009 - Received I-129F by USCIS

04.19.2009 - Notice of Approval

05.16.2009 - Case received by NVC

06.03.2009 - Left NVC to US Embassy Manila

06.11.2009 - Case received by US Embassy Manila

06.16.2009 - Received appointment letter from US Embassy

06.22.2009 - Received via email confirmed interview appointment

07.08.2009 - First day of Medical Examination at SLMCEC

07.09.2009 - Immunization Day, PASSED Medical Exam

07.16.2009 - Visa Interview.... APPROVED!!!!

07.30.2009 - Visa at Hand

09.24.2009 - Entry to US

11.18.2009 - Wedding

AOS Journey:

04.13.2010 - mailed AOS application

04.14.2010 - USCIS received my AOS application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

08.13.2010 - APPROVED!!!

EAD Application:

04.13.2010 - mailed EAD application

04.14.2010 - USCIS received EAD application

04.20.2010 - NOA 1

05.13.2010 - Biometrics

06.17.2010 - APPROVED!!!

LIFTING GC Conditions:

05.07.2012 - I-751 application sent

05.10.2012 - VSC received application

05.16.2012 - check cleared

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So you are saying it is OK to let K1 visa expire because there is a way to get out of it anyways like file another I-130 and AOS. And now, some would think that because they are married to USC, they can get green card whenever they want to without being sanctioned for violating immigration rules/laws? Have you heard of any case that a K1 overstay married to USC has been deported for overstaying?

They can still file for AOS. They are just no longer eligible to file for AOS based on the K-1, since they married after the required 90 days. They can file an I-130 and AOS(I-485) concurrently. See this guide > http://www.visajourney.com/content/i130guide2

However, being out of status is violating immigration laws and they are subject to being detained. Being married to a USC does not protect them from being here unlawfully. Once they file for AOS, they will be a new period of authorized stay while their case is being processed.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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