K1 expired

[Todd L F 49]

Hey all,

 

 

so I arrived in the U.S August of last year and we got married within the 90 days, however I am just getting round to sending the AOS in the next few weeks due to money issues. As my visa expired am I likely to run into any issues filing it so late? This is really starting to worry me so any help/advice would be greatly appreciated.

 

[Cyberfx1024 7,978]

11 minutes ago, Todd L F said:

Hey all,

so I arrived in the U.S August of last year and we got married within the 90 days, however I am just getting round to sending the AOS in the next few weeks due to money issues. As my visa expired am I likely to run into any issues filing it so late? This is really starting to worry me so any help/advice would be greatly appreciated.

 

Your overstay will be forgiven once you file for AOS. Even though you are out of status right now you are pretty much ok and very unlikely to be deportable if you are detained. 

 

We did have a case a couple years ago with a case like this but with a couple that lived in Texas if I remember right. The couple was detained at a immigration checkpoint and he was sent in front of a judge. The judge saw that he came on a K1 visa, they got married, and have yet to file for AOS yet. So he ordered them to file for AOS and let them go. 

[Todd L F 49]

That is a relief to hear, thank you so much. My next question is regarding the medical. Does this expire? I’ve read contrasting answers, some say 1 year and others 6 months. I had my medical in London.

[Crazy Cat 39,336]

47 minutes ago, Todd L F said:

I am just getting round to sending the AOS in the next few weeks due to money issues.

You are out of status now, but you will have "authorized stay" (No legal status) while the Adjustment of Status is pending ONCE YOU FILE THE I-485.  I would do it asap....good luck.

 

I never understood why people wait so long to file AOS....There are absolutely no benefits in waiting.....and the expense should have been a MAJOR consideration in planning before even starting the immigration process.

[Todd L F 49]

Trust me, I had no intention of waiting so long. Sometimes things happen that are out of our control. Of course the expense was a major consideration. Thanks for your reply, I will be filing AOS in the coming days  

Edited February 4, 2019 by Todd L F

[ThomasNC1988 762]

9 minutes ago, missileman said:

You are out of status now, but you will have "authorized stay" (No legal status) while the Adjustment of Status is pending ONCE YOU FILE THE I-485.  I would do it asap....good luck.

 

I never understood why people wait so long to file AOS....There are absolutely no benefits in waiting.....and the expense should have been a MAJOR consideration in planning before even starting the immigration process.

It's love man. There is a guy on a FB group who constantly posts how he can't afford steps of the cr-1 process. Most recently he posted he could not afford the pa the GC fee which is $220??? I think. Like you can't come up with 200 bucks but the government is going to allow you to bring someone to this county to be solely dependent on you. Makes sense.

[DaveAndAnastasia 2,079]

2 hours ago, missileman said:

I never understood why people wait so long to file AOS....There are absolutely no benefits in waiting.....and the expense should have been a MAJOR consideration in planning before even starting the immigration process.

And your fiancé(e) not working (even part-time at a minimum wage job) probably costs you more than the AOS fees in 4 months, let alone 6.

 

Also, you can pay by credit card now. Yeah, credit card interest rates are normally high if you can't just pay the card off in full at the end of the month, but you're still better off that way.