Green Card Questions Part 3

[harvardiv 5]

Hey folks.

 

One other question about the greencard.  If the k-1 date expires can my wife still apply for it AOS?  I am about to send it in the mail but would like to wait to have more money in the bank before I spend $1000.

[ricky90501 15]

As long as you guys got married within 90 days from your wife's US entry date, you can apply for AOS whenever you want. 

[harvardiv 5]

How do you know?  I read this  in the I-485 instructions which seems to indicate you are correct:

 

"You are not eligible for the AOS if any of the following apply to you

 

 6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

 

    B. A K-1 fiance' or K-2 fiance' dependent who married the petitioner within 90 days of admission;"

 

To me the "unless" word indicates this is the exception which is allowed.  Is everybody sure about this?  

[ricky90501 15]

This question gets asked a lot:

 

[Dashinka 24,590]

There is no time limit to file the AOS from a K1.  Most people do it as soon as they can after marriage, but you will find many stories of couples filing months or even years later.  The item that you referenced is the item that says you can file anytime after the marriage as long as you married within 90 days of entry and you married the USC who petitioned for the K1 I the first place.  Essentially, since you are applying from a K1 you meet the exception and any out-of-status time will be forgiven with the AOS.

 

Good Luck!

[harvardiv 5]

Sounds good.  I simply don't have the small fortune it takes to file the AOS right now.

[Scandi 4,168]

Technically you can wait for years to file AOS, and some actually do. As long as you are aware of the fact that from the expiration date of the i-94 until USCIS receives your AOS application you're out of status (illegal) and deportable. The risk of getting deported is small unless you do something stupid, but you should at least be aware of it. 

 

Also, the longer you wait the longer it'll take to get the work permit, so if money is an issue maybe it would be better to file asap so you can start working sooner. In many states you also can't get a driver's license, state ID etc without the EAD or greencard.

[p-ana 933]

The "small fortune" should've been taken into consideration when choosing the k1 and the amount should've already been set aside for when the foreign partner got here.

It is for the best interest of the now foreign spouse to apply for aos as soon as possible, they certainly don't want to live in limbo and not being able to get a license, work, etc

[harvardiv 5]

 

15 minutes ago, p-ana said:

The "small fortune" should've been taken into consideration when choosing the k1 and the amount should've already been set aside for when the foreign partner got here.

It is for the best interest of the now foreign spouse to apply for aos as soon as possible, they certainly don't want to live in limbo and not being able to get a license, work, etc

Haha another "told you so" post!  

[geowrian 22,337]

2 hours ago, harvardiv said:

 6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

 

    B. A K-1 fiance' or K-2 fiance' dependent who married the petitioner within 90 days of admission;"

 

To me the "unless" word indicates this is the exception which is allowed.  Is everybody sure about this?  

Yes. You married within the 90 days so you can file for AOS at any point afterwards. If the medical is over a year old at the time of filing, then a new medical will be needed.

5 minutes ago, harvardiv said:

Haha another "told you so" post!  

I'm not sure it's possible to say it enough times. We've seen wayyyy too many people that didn't budget for this, waited, and either got caught by ICE and had to deal with that awful mess (and costs!), or got divorced and can no longer adjust status and feel that they were wronged (since their life is in the US now but they cannot stay).

[harvardiv 5]

3 minutes ago, geowrian said:

Yes. You married within the 90 days so you can file for AOS at any point afterwards. If the medical is over a year old at the time of filing, then a new medical will be needed.

I'm not sure it's possible to say it enough times. We've seen wayyyy too many people that didn't budget for this, waited, and either got caught by ICE and had to deal with that awful mess (and costs!), or got divorced and can no longer adjust status and feel that they were wronged (since their life is in the US now but they cannot stay).

How does this kind of thing happen?

[Scandi 4,168]

3 minutes ago, harvardiv said:

How does this kind of thing happen?

It happens because people don't plan and do the research needed. If money is an issue you go for the CR-1 visa instead of the K-1. That's a bit cheaper and you get a greencard upon entering the US, you can start working immediately and never have to worry about being out of status. 

[harvardiv 5]

8 minutes ago, Scandi said:

I have most certainly made sure to plan well when it comes to our future together, yes. I wouldn't want to risk me getting a ban from the US because of being here illegally, that's for sure. That would definitely make things much harder on us for absolutely no reason other than not planning things very well, that would be extremely stupid on our part.

It sounds like you are overly cautious.

[p-ana 933]

22 minutes ago, Scandi said:

I have most certainly made sure to plan well when it comes to our future together, yes. I wouldn't want to risk me getting a ban from the US because of being here illegally, that's for sure. That would definitely make things much harder on us for absolutely no reason other than not planning things very well, that would be extremely stupid on our part.

Totally agree.

 

13 minutes ago, harvardiv said:

It sounds like you are overly cautious.

And you're the us citizen, right?

it doesn't have any effect on you cause you're living your life in your own country, you don't have to worry about being out of status, not working, depending and relying entirely on someone else, etc. but oh well, this is out of topic and certainly not my problem 

[harvardiv 5]

11 minutes ago, p-ana said:

Totally agree.

 

And you're the us citizen, right?

it doesn't have any effect on you cause you're living your life in your own country, you don't have to worry about being out of status, not working, depending and relying entirely on someone else, etc. but oh well, this is out of topic and certainly not my problem 

Doesn't make sense.