When to file Adjustment of Status after K1 entry?

[nephivi07 0]

After entering through POE on K1 visa, and after getting married, when should we file for the adjustment of status? 

 

Should we still file it within the 90 days of the K1 visa validity period? And what do you mean by 'file'? By receiving NOA1 after filing?

 

There are a lot of differing opinions and answers on this one such as we still need to file it within 90 days of the K1 visa period, some say we can file it within 1 year after our marriage. Which answer is the true one?

 

 

[belinda63 2,981]

She will be granted a 90 day stay when entering on the K-1. You have to marry within that period to meet the requirements of the visa. When you file for AOS is up to you BUT she will be out of status, unable to work or travel outside the US, and subject to deportation (small chance but possible).

[nephivi07 0]

Your answer is confusing. You said when I file for AOS is up to me BUT she will be out of status, what do you mean? If it's up to me to file the AOS STILL WITHIN THE 90 DAY then she will still be out of status? 

[nephivi07 0]

I think I am confused because there might be a reason of validity with your answer too, since getting married might have already fulfilled the purpose of the K1 visa and the 90-day thing will no longer be valid because now it's not a 'fiance' anymore. 

[Scandi 3,970]

When your i-94 expires you're out of status, but the overstay will be forgiven when you file for AOS. Some people wait for years to file AOS, but it's recommended to file asap after marriage.

[p-ana 933]

It's for the immigrants best interest that you file for the aos as soon as you get the marriage license back. As long as you marry within the 90 days, it doesn't matter how long you take to file for aos though. You can take longer and it will be accepted, but as the others stated, she will be out of status and won't be able

to do much (work, travel, be independent, have documents, etc). 

[Toxiichoney 11]

Well Im not sure how long they allow you to wait into you can file, my cousin can in as a k1 and had not file his AOS he has been here for 8 months and about 2 months ago he received a notice of removal, So as soon as i saw that i did not wanted to risk it with my fiancé now husband so i file the same day his 90 day expired.

Edited January 9, 2017 by Toxiichoney

[Ontarkie 13,915]

~~Moved to AOS Family from K1 P&P - As the OP's questions are about the AOS Stage.~~

[Unlockable 7,306]

Just keep in mind that for your best interest you should file AOS as soon as you are able to after you marry.

 

Getting married satisfies the requirements for the visa and makes her you wife.

Adjusting status makes her status in the US "official" so to speak. After AOS she will be able to work and travel and get a drivers license and such.

[Cyberfx1024 7,978]

6 hours ago, nephivi07 said:

I think I am confused because there might be a reason of validity with your answer too, since getting married might have already fulfilled the purpose of the K1 visa and the 90-day thing will no longer be valid because now it's not a 'fiance' anymore. 

Basically once the K1 fiance enters the USA, y'all have 90 days to get married. Once you two are married you can file AOS ANYTIME after that including after the 90 mark. A number of people on here and even myself did not file for AOS until after the 90 day mark which is forgiven once you file for AOS. So don't worry get everything together and file for AOS.

[geowrian 22,335]

The K-1 allows you to be in the US for 90 days to marry. Once married, the next step is to file AOS to get a green card. Failure to do so by the time your I-94 stamp (obtained at entry) expires puts you out of status. This is one form of what some people is called "illegal alien". That said, you can file AOS at any time after marriage, and the overstay will be ignored (I avoid the term "forgiven", as if the AOS is denied then the overstay remains). That said, you must file for AOS to obtain AP and EAD (~90 day processing time after AOS is sent), which let you work and leave the US.

 

If you don't file for AOS by the end of your I-94's expiration, there are consequences:

1) If your medical is too old, you will need a new one for AOS.

2) If you leave the US for any reason, you not only won't be allowed back in (due to no AP), but you can obtain a re-entry ban for a period of time due to the overstay. This means no applying for visas during the ban, and a CR-1/IR-1 would be needed to be filed.

3) If you remain in the US w/o AOS for 2+ years after your marriage, you will need to file an I-130 when you do eventually file for AOS.

4) You can be picked up and brought before a judge any time after the 90 days from entry. Technically, the judge can recommend starting the deportation process. Most likely, they will just order you to file for AOS (it's much easier for everybody this way!).

 

Most of those consequences won't kick in for 6-24 months after the 90 day period, so you do have some leeway. That said, there's another thread here from just yesterday about not doing AOS for 7 years, and it's just a sad situation all around IMHO. You certainly don't want to be in that position. If at all possible, just file within the 90 days and be done with it. Good luck.

[Hypnos 6,576]

58 minutes ago, geowrian said:

If you remain in the US w/o AOS for 2+ years after your marriage, you will need to file an I-130 when you do eventually file for AOS.

 

This is no longer the case, if you're talking about needing to file an I-130 with the I-485 in order to receive an unrestricted green card when filing after being married for at least two years. 

 

This was promulgated by Matter of Sesay in 2011.

 

"A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more than 2 years old at the time the adjustment application is adjudicated is not subject to the provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a (2006)."

 

http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

Edited January 9, 2017 by Hypnos

[geowrian 22,335]

4 hours ago, Hypnos said:

 

This is no longer the case, if you're talking about needing to file an I-130 with the I-485 in order to receive an unrestricted green card when filing after being married for at least two years. 

 

This was promulgated by Matter of Sesay in 2011.

 

"A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more than 2 years old at the time the adjustment application is adjudicated is not subject to the provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a (2006)."

 

http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

AH, cool. Thanks for the info! I stand corrected.