Abandon K-1 and AOS Questions

[Julune 0]

Hello. I came to the US on a K-1 visa in April of 2017. I used a site called Rapidvisa to get all my forms and apply. They told me that after I was married within the 90 days, there was no need to file for AOS and that there was no timeline for me to file for AOS. I have not applied for AOS and am now seeing online that I am living here ‘out of status’ since July of 2017? I believe I have been told false information from a company i’ve been paying to help me with this process... is there anyone that can help me clarify this? It’s terrifying knowing that this might be the case, as I had no intention of living here out of status.

 

My husband and I want to cancel this whole visa application and move to Canada together on a spousal visa, as the USA is not working for either of us.

But if I leave, will there be an issue at the border? Since i’ve apparently been living here ‘out of status’ for almost 7 months?

Is there an easier way to abandon this?

 

This is all so confusing and is giving me hard core panic attacks.  

Edited February 12, 2018 by Julune

[NigeriaorBust 4,087]

   You may have trouble coming back to visit but leaving won't be an issue. 

[Ben&Zian 4,397]

Agreed, leaving, no issue.

 

I think you misunderstood Rapidvisa. What they most likely implied was that as long as you marry within the 90 day time frame, you can technically apply for AOS at any time after that outside the 90 day time frame. Yes you are out of status but you can still adjust legally with the I-485 (AOS) like normal because you married within the 90 day time frame to the petitioner.

[Julune 0]

3 minutes ago, NigeriaorBust said:

   You may have trouble coming back to visit but leaving won't be an issue. 

 

1 minute ago, Ben&Zian said:

Agreed, leaving, no issue.

 

I think you misunderstood Rapidvisa. What they most likely implied was that as long as you marry within the 90 day time frame, you can technically apply for AOS at any time after that outside the 90 day time frame. Yes you are out of status but you can still adjust legally with the I-485 (AOS) like normal because you married within the 90 day time frame to the petitioner.

 

So, if I left without applying for AOS, I wouldn’t be in any trouble for staying here out of status? I’ve looked online and saw that I could possibly be in a lot of trouble.

 

Coming back to the states is no issue if I’m banned for a while. 

[Ben&Zian 4,397]

15 minutes ago, Julune said:

 

 

So, if I left without applying for AOS, I wouldn’t be in any trouble for staying here out of status? I’ve looked online and saw that I could possibly be in a lot of trouble.

 

Coming back to the states is no issue if I’m banned for a while. 

 

No no, when you leave if you've been here out of status yes you can receive/trigger a ban.

 

The AOS can be done at anytime after the initial 90 day period if you married within that time frame. Marrying is the only 'stipulation' of the K-1 visa really. AOS is on you.

 

If you leave within AOS and getting AP(advanced parole) you will be denied re-entry.

[Julune 0]

1 minute ago, Ben&Zian said:

 

No no, when you leave if you've been here out of status yes you can receive/trigger a ban.

 

The AOS can be done at anytime after the initial 90 day period if you married within that time frame. Marrying is the only 'stipulation' of the K-1 visa really. AOS is on you.

 

If you leave within AOS and getting AP(advanced parole) you will be denied re-entry.

 

Okay, so just leaving as is (out of status, no AOS, just married on a k1) wouldn’t be too much of an issue other than a ban?

 

If so that calms me down immensely. Thought i’d get jail time or something lol. 

[Californiansunset 332]

31 minutes ago, Julune said:

 

Okay, so just leaving as is (out of status, no AOS, just married on a k1) wouldn’t be too much of an issue other than a ban?

 

If so that calms me down immensely. Thought i’d get jail time or something lol. 

No jail time otherwise the prisons here would be full of people with overstay. So you never applied for AOS, thus were never able to work?! I'm surprised.

Anyways more than 180 days out of status triggers a 3 year ban. Any overstay lowers the chances of ever being permitted into the U.S. again just keep that in mind. I'm surprised that doesn't bother you. In the end it's your husband's home country with his family living here. 

 

If you don't apply for AOS within the 3 months of entry with the K1 you have to file the I-131 plus the I-485 instead of just the I-485 from K1, so that means you pay a lot more to adjust status. If you don't mind having a ban and an overstay on your immigration records, I guess don't worry about adjusting.... I'd play safe and adjust status and wait it out because you never know what might come up that you end up wanting to move back here or even just come to visit... 

[Boiler 43,425]

Sadly you are not the first to misled by RapidVisa, no doubt you will not be the last, will you be leaving soon?

Edited February 12, 2018 by Boiler

[Julune 0]

1 minute ago, Californiansunset said:

No jail time otherwise the prisons here would be full of people with overstay. So you never applied for AOS, thus were never able to work?! I'm surprised.

Anyways more than 180 days out of status triggers a 3 year ban. Any overstay lowers the chances of ever being permitted into the U.S. again just keep that in mind. I'm surprised that doesn't bother you. In the end it's your husband's home country with his family living here. 

 

If you don't apply for AOS within the 3 months of entry with the K1 you have to file the I-131 plus the I-485 instead of just the I-485 from K1, so that means you pay a lot more to adjust status. If you don't mind having a ban and an overstay on your immigration records, I guess don't worry about adjusting.... I'd play safe and adjust status and wait it out because you never know what might come up that you end up wanting to move back here or even just come to visit... 

It’s not too much of an issue because he’s in Buffalo, and I’m only an hour away in Canada. And no, haven’t been able to work at all.

 

We already have everything set up to move next month, so I guess we’ll see what happens? I wish we just would have went with Canada in the first place. 

1 minute ago, Boiler said:

Sadly you are not the first to misled by RapidVisa, no doubt you will not be the last, will you be leaving soon?

Really? How frustrating...

Were hoping to leave on the 10th next month!

[Boiler 43,425]

Some real horror stories on here, as they point out they are not Lawyers so if they screw up tough.

 

Anyway, just do not come to the attention of the authorities, seems like you will have a 3 year ban but that does not bother you.

[Julune 0]

1 minute ago, Boiler said:

Some real horror stories on here, as they point out they are not Lawyers so if they screw up tough.

 

Anyway, just do not come to the attention of the authorities, seems like you will have a 3 year ban but that does not bother you.

That’s awful. I’m glad I’m done with them.

 

What do you mean by do not come to the attention of the authorities? Do you have any idea what will happen when I cross the border with a truck of my stuff? 

[Boiler 43,425]

That would be an issue for the Canadian authorities, US does not have exit controls.

[Julune 0]

Just now, Boiler said:

That would be an issue for the Canadian authorities, US does not have exit controls.

Ah, alright. It’s going to be a nerve wracking time until then. 

[HappyBunny 22]

I was under the impression once you are married within the 90 days period, you can adjust status whenever you want or can, there's no time limit for that. * haha didnt read carefully. 

Edited February 12, 2018 by HappyBunny

[Boiler 43,425]

Just now, HappyBunny said:

I was under the impression once you are married within the 90 days period, you can adjust status whenever you want or can, there's no time limit for that. You don't have to leave the USA, you can start the process. It doesn't really matter how long it is taking you as long as you got married within 90 days. Good Luck.

Now you know better!