time limit to file for adjustment of status after K1?

[javadown2 308]

I'm guessing there was some sort of red flag, IE Iranian decent...nothing against you but it is rare for them to show up at your doorstep like this. We waited about 4 months after being married to file for my wifes AOS, and like others have some wait even longer. If you pass the 1 year mark you have to re-do the medical and I hear that is a pain since you have to hire a civil surgeon . 

[javadown2 308]

3 hours ago, missileman said:

That is EXACTLY what my ex-immigration attorney does every time there any kind of immigration news out of DC...His FB page is full of scare tactics.

Another reason to just do this process on your own, it really isn't hard...of course you have some case that needs a lawyer. And saying you just don't want to bother doing the process is a bad idea because there is so much that you have to do personally that you better at least have a good idea with the process in hand instead of leaving it for someone else. I know this is getting side tracked but look at all the mis-information being told by these reportedly so called expert immigration specialist, just not worth it in my opinion. 

[Richard Moss 17]

On 3/22/2018 at 9:26 AM, GreatDane said:

Correct. I was thinking that maybe she was working without EAD and possibly that triggered ICE? Just an idea. OP never states what his wife is doing. 

 

Given that he has gotten misinformation from RapidVisa, I just wanted to include that she can't leave the country (with the expectation she can return) until she gets AP or completes AOS (if they don't file for AP/EAD). 

My wife is not working or driving.  we know she can not leave the country but thank you for the reminder. 

[JMValente 0]

On 3/22/2018 at 3:45 PM, Hypnos said:

This is 100% wrong; that is exactly what it means.

 

The K-1 myth strikes again.

 

A K-1 who remains in the US beyond their I-94 expiration date is unlawfully present, begin to accrue overstay, and are subject to deportation the same as any other removable alien -- regardless of whether they got married or not. They are not "protected" unless and until they file an I-485 which is accepted for processing by USCIS. Then, and only then, are they considered legally present pending adjudication of the I-485.

Does a NOA constitute evidence of being legally present? My wife and I went to the MA RMV last week to apply for a learner's permit. We brought her I-94 (which had expired), the NOA, the stamped form from her biometrics appointment, passport, and marriage certificate while explaining the whole deal with a K1, I94 and AOS but they would not let her apply for a learner's permit because there was supposedly no evidence she was here legally.   With the state now enforcing Real ID stuff it's going to be much more difficult until she gets her EAD. 

[Boiler 43,549]

I needed EAD.

[Hypnos 6,576]

It varies from state to state, but in general most won't take an NoA by itself. 

 

As @Boiler said, most states want to see at least an EAD for proof of legal presence. TX did when I went to apply for an ID card. 

[Unidentified 2,930]

1 hour ago, JMValente said:

Does a NOA constitute evidence of being legally present? My wife and I went to the MA RMV last week to apply for a learner's permit. We brought her I-94 (which had expired), the NOA, the stamped form from her biometrics appointment, passport, and marriage certificate while explaining the whole deal with a K1, I94 and AOS but they would not let her apply for a learner's permit because there was supposedly no evidence she was here legally.   With the state now enforcing Real ID stuff it's going to be much more difficult until she gets her EAD. 

Sometimes if you're lucky you can get one based on your K1 if its not passed the expiration date on the visa otherwise you have to wait until EAD.

[Hypnos 6,576]

Even if you can obtain one on the basis of your K-1 alone, the expiration date is typically set to match the expiration date of your I-94, so it doesn't get you very far. 

[Richard Moss 17]

On 3/22/2018 at 2:06 PM, javadown2 said:

I'm guessing there was some sort of red flag, IE Iranian decent...nothing against you but it is rare for them to show up at your doorstep like this. We waited about 4 months after being married to file for my wifes AOS, and like others have some wait even longer. If you pass the 1 year mark you have to re-do the medical and I hear that is a pain since you have to hire a civil surgeon . 

We mailed everything off and should be fine... I understand now that homeland security and immigration are working together in Las Vegas and being very aggressive.  I just want to do the right thing so we can live our lives and be happy. 

 

hopefully this is almost behind us :-) 

 

thank you everyone for your comments! 

[Boiler 43,549]

No problem.