After marriage

[mary joy 0]

Came here for fiancee visa, got married and have a baby. Been here for almost a year and did not apply for adjustment of status yet. Will i get a penalty or will the government send me home?

Edited April 7, 2007 by mary joy

[The Molinas 0]

what visa did you use to come to the usa?

[Otto 83]

Came here for fiancee visa, got married and have a baby. Been here for almost a year and did not apply for adjustment of status yet. Will i get a penalty or will the government send me home?

Did you marry within 90 days of arrival? (w/marriage certificate?)

And...

The reason you did (or didn't) do this?

[mary joy 0]

Came here for fiancee visa, got married and have a baby. Been here for almost a year and did not apply for adjustment of status yet. Will i get a penalty or will the government send me home?

Did you marry within 90 days of arrival? (w/marriage certificate?)

And...

The reason you did (or didn't) do this?

we are already married before the 90 day period. Musband didnt file it yet. didnt ask him why.

[mary joy 0]

Came here for fiancee visa, got married and have a baby. Been here for almost a year and did not apply for adjustment of status yet. Will i get a penalty or will the government send me home?

Did you marry within 90 days of arrival? (w/marriage certificate?)

And...

The reason you did (or didn't) do this?

I came here with a K1 visa. We are legally married with marriage certificate. My husband did not apply for some reasons. i dont know what. so i wanna know what will happen to me coz i am not a legal permanent resident yet.

[ready4ONE 5,400]

Hi Mary, I want to stress this is not an expert opinion, but based on my reading of the I-485 instructions which state:

You can't file to adjust status if you have fallen out of status unless:

YOU ARE A K-1 FIANCE OR K-2 FIANCE DEPENDANT WHO MARRIED THE UNITED STATES PETITIONER WITHIN 90 DAYS OF ADMISSION;

So if you married your husband within 90 days of your arrival, and he was the sponsor of your K-1 visa, you should be OK if you get on the ball and file, but at the moment you stand the risk of being deported. Obviously if he never filed anything after you two married you should not be working. Working without authorization (which you won't need when your status gets adjusted) is another path to deportation.

This whole time, including right now, your husband is playing with fire and you need to talk to him about why he has not filed to adjust your status. This is something you can't take casually anymore if you don't want to wind up in a whole lot of trouble sooner or later.

Again, this is just my interpretation of the rules, and you may want to consult an attorney quickly to find out for sure, but whatever you do, do it quickly, and consider a loving kick to your hubby's butt! What is he thinking?

[florida_guy07 0]

Came here for fiancee visa, got married and have a baby. Been here for almost a year and did not apply for adjustment of status yet. Will i get a penalty or will the government send me home?

Mary Joy, just go ahead and file your AOS, you will be fine. YOu are not going to be sent home.

http://www.visajourney.com/forums/index.ph...amp;page=guides

Look in the guides for all the forms you need, don't wait for your husband to do it. Go ahead and print or order the forms and start filling them out.

If you have any questions, you can ask us here.

[John24689 0]

Where does it say that you have to file for AOS within a particular time frame? I am not aware of any time requirements for filing. Some have filed after they have been married for two years. Some try and file the day they are married. I am just curious as to why her husband needs to file NOW. Thanks for any light you may throw at me concerning the time requirements.

Thanks and have a great day.

John

[ready4ONE 5,400]

Where does it say that you have to file for AOS within a particular time frame? I am not aware of any time requirements for filing. Some have filed after they have been married for two years. Some try and file the day they are married. I am just curious as to why her husband needs to file NOW. Thanks for any light you may throw at me concerning the time requirements.

Thanks and have a great day.

John

I don't know that there are any huge penalties for not filing AOS, but until the non-USC does file there can be no work, no green card, no international travel etc. etc. etc.

It is bizarre to file for a K-1, get through that process, marry in the 90 day time frame and then just do nothing after that? There is an expiration date on the K-1 Visa, which is 90 days after entry into the USA.

A K-1 can file to adjust status after letting their status lapse, but why would anyone want to do that? The PO has been here nearly a year, has a child with this man, and is technically out of status with her visa. Being able to file to adjust status after going out of status (and this seems to be getting pretty extreme) is not the same thing as there being no penalty for continuing to fail to adjust her status. An attorney or perhaps someone from VJ who has been around longer than I have can fill her in on what might happen if she gets caught or comes to the attention of Homeland Security at this point. It just seems prudent to me for her to get her husband moving on filing ASAP.

[athena_ny 1]

Hi Mary, I want to stress this is not an expert opinion, but based on my reading of the I-485 instructions which state:

You can't file to adjust status if you have fallen out of status unless:

YOU ARE A K-1 FIANCE OR K-2 FIANCE DEPENDANT WHO MARRIED THE UNITED STATES PETITIONER WITHIN 90 DAYS OF ADMISSION;

So if you married your husband within 90 days of your arrival, and he was the sponsor of your K-1 visa, you should be OK if you get on the ball and file, but at the moment you stand the risk of being deported. Obviously if he never filed anything after you two married you should not be working. Working without authorization (which you won't need when your status gets adjusted) is another path to deportation.

This whole time, including right now, your husband is playing with fire and you need to talk to him about why he has not filed to adjust your status. This is something you can't take casually anymore if you don't want to wind up in a whole lot of trouble sooner or later.

Again, this is just my interpretation of the rules, and you may want to consult an attorney quickly to find out for sure, but whatever you do, do it quickly, and consider a loving kick to your hubby's butt! What is he thinking?

You're right, it's not an expert opinion. Pretty much anyone can file to adjust status if they've fallen out of status (save say, a J1 visa who didn't fulfill the 2 year home residency requirement) upon marriage to a US citizen. (And of course, if you entered without inspection, but that's a whole different monster.)

And it's really of my opinion that it's her status, it was really up to her to get the ball rolling, not just blame the husband. Especially with this "didn't ask why" stuff. The only reason she would really need him to file anything would be if she were on a different visa and needed an I-130 (for example, that came in my name). Personal responsibility people.

On that note, you should be fine. They say do it as soon as possible, or "promptly" but as the conditions of your visa have been fulfilled, you should be okay to file asap.

Edited April 7, 2007 by meow mix