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

[brucejen 1]

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.

[Anh map 2,098]

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.

[brucejen 1]

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?

[Boiler 45,647]

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.

[Boiler 45,647]

Minor variant on this one:

http://www.visajourney.com/forums/topic/539348-expired-i-94-not-applied-aos-yet-ssn-denied-expired-passport-what-to-do/

[brucejen 1]

Minor variant on this one:

http://www.visajourney.com/forums/topic/539348-expired-i-94-not-applied-aos-yet-ssn-denied-expired-passport-what-to-do/

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?

[usuk2015 16]

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 If you don't marry within those 90 days the visa is no longer valid.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 June 15, 2015 by Jameel and Kasey

[aaron2020 11,651]

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 June 15, 2015 by aaron2020

[usuk2015 16]

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.

[aaron2020 11,651]

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?

[usuk2015 16]

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.

[Pitaya 2,577]

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

[brucejen 1]

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?

[KayDeeCee 4,893]

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.