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SpaceAge

Beware bad information on AOS deadline for K1 (fresh out of jail)

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So, like many people I filed my own K1 application and read a lot of forums and visa pages online including this one with a video https://rapidvisa.com/required-adjust-status-within-90-days-fiance-visa/ this stating you do NOT need to adjust status in the 90 days, just marry which I did.

 

I have also been in FB groups of people who married late in the 90 days and adjusted status just fine. 

 

So basically, I entered mid Dec, married late February and even though I couldnt find anything on USCIS about a deadline to file, I was really trying to do it within 90 days so I could finally sit my driving test on receipt of NOA1. 

 

I had it all completed ready to post with a signed cheque and everything but my husbands 1099 tax form which had been posted in error to his old address. Knowing I needed it for the affidavit, I made what was now a HUGE mistake to wait for it. I was 2 weeks over the 90 days at this point.

 

I was in the car at a traffic incident and the police officer asked to check IDs, I happily showed my passport as I did not think it would be a problem. Well it was, I was arrested and Border Patrol came for me and would not let me go home to show them my completed pack, nor the proof we had chased the rogue document. 

 

I was taken to the Border Patrol offices for processing taking 7 hours then sent straight to jail where I have been for 5 weeks. The ICE deportation officer who could have given me bail refused to grant it me despite me getting very ill with my medication being stopped abruptly and said ALL immigrants are now forced to wait to go to court and be seen by a judge as you are immediately in deportation proceedings on arrest. It took 4 weeks to get a court date and a further week to get a bond hearing. I ended up paying for a lawyer and paying $5000 bond to get out of jail for what I could have resolved within days had they let me get the tax form. 

 

I have read all the USCIS site and cannot see anything about the need to FILE in 90 days, just marry. I appreciate some people may know this but I and many others I have spoken to did not so this post is merely a warning to others. I have lost all my money now being unable to work as my EAD was in the pack to send off, I lost my honeymoon, I have more court dates now and lawyer fees to pay plus the AOS filing fee when they let me do that. This has been distressing and terrifying and having never been in trouble in my life, jail was dreadful. 

 

(Also on a side note I saw a lot of people in jail who had actually entered illegally from Mexico living in the US for many many years and their treatment was appalling. Not one person in the jail spoke Spanish and all the legal papers they were served were in English with no translator.)

 

Please be careful when reading online about filing for AOS, learn from my mistake as I have lost everything and to add salt to the wound, as I only have my husband here, who had to keep driving to the jail and also to the court in Cleveland, he now lost his job for too much time off trying to get me out. 

 

Hopefully he will get a job to be able to continue the affidavit or I’ll be getting sent ‘home’ where I have nothing to go back to. I have never felt so desolate as I do now and stuck. 

 

Thanks for reading. 

 

 

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I’m so sorry to hear about your situation.  I’m not adjusting from K1 visa but I’ve read enough post from people here and as far as I know you can file adjustment of status as soon as you get married, so the day after you get married you can already send all your paperwork for your adjustment of status.  

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3 minutes ago, Pengunista said:

I’m so sorry to hear about your situation.  I’m not adjusting from K1 visa but I’ve read enough post from people here and as far as I know you can file adjustment of status as soon as you get married, so the day after you get married you can already send all your paperwork for your adjustment of status.  

We got married 23rd Feb, my marriage licence was incorrectly filed by the officiant which took 3 weeks to arrive then the tax form didnt arrive. I had every intention filing the week after the wedding within the 90 days and had proof of both delays as I filed a complaint with the court about the officiant too. I should have maybe posted it without both documents IF i had known there was a deadline but the rapidvisa website and USCIS implied otherwise as per the links and images I posted. I sure know now.

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6 minutes ago, VNN said:

There has been always a risk associated with not adjusting the status in timely manner.  Many do not take it too seriously because the chance of getting caught is slim and you, unluckily, just happen to be in this slim chance.

 

To have a good sleep, many  people in VJ advise to file as soon as possible as you never know you can be in bad situation.

The term ‘timely manner’ is the issue, i was doing it within a week of my wedding then hit the delays with my marriage licence and rogue tax form. I have read of people filing months after the 90 days when they were not in such a rush to work or travel ‘home’, I was in a rush to work and drive so had the pack all done bar those documents and now I am in the sh*t and may not be able to stay with my husband now because of the financial impact its had.

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11 minutes ago, SpaceAge said:

So, like many people I filed my own K1 application and read a lot of forums and visa pages online including this one with a video https://rapidvisa.com/required-adjust-status-within-90-days-fiance-visa/ this stating you do NOT need to adjust status in the 90 days, just marry which I did.

 

I have also been in FB groups of people who married late in the 90 days and adjusted status just fine. 

 

So basically, I entered mid Dec, married late February and even though I couldnt find anything on USCIS about a deadline to file, I was really trying to do it within 90 days so I could finally sit my driving test on receipt of NOA1. 

 

I had it all completed ready to post with a signed cheque and everything but my husbands 1099 tax form which had been posted in error to his old address. Knowing I needed it for the affidavit, I made what was now a HUGE mistake to wait for it. I was 2 weeks over the 90 days at this point.

 

I was in the car at a traffic incident and the police officer asked to check IDs, I happily showed my passport as I did not think it would be a problem. Well it was, I was arrested and Border Patrol came for me and would not let me go home to show them my completed pack, nor the proof we had chased the rogue document. 

 

I was taken to the Border Patrol offices for processing taking 7 hours then sent straight to jail where I have been for 5 weeks. The ICE deportation officer who could have given me bail refused to grant it me despite me getting very ill with my medication being stopped abruptly and said ALL immigrants are now forced to wait to go to court and be seen by a judge as you are immediately in deportation proceedings on arrest. It took 4 weeks to get a court date and a further week to get a bond hearing. I ended up paying for a lawyer and paying $5000 bond to get out of jail for what I could have resolved within days had they let me get the tax form. 

 

I have read all the USCIS site and cannot see anything about the need to FILE in 90 days, just marry. I appreciate some people may know this but I and many others I have spoken to did not so this post is merely a warning to others. I have lost all my money now being unable to work as my EAD was in the pack to send off, I lost my honeymoon, I have more court dates now and lawyer fees to pay plus the AOS filing fee when they let me do that. This has been distressing and terrifying and having never been in trouble in my life, jail was dreadful. 

 

(Also on a side note I saw a lot of people in jail who had actually entered illegally from Mexico living in the US for many many years and their treatment was appalling. Not one person in the jail spoke Spanish and all the legal papers they were served were in English with no translator.)

 

Please be careful when reading online about filing for AOS, learn from my mistake as I have lost everything and to add salt to the wound, as I only have my husband here, who had to keep driving to the jail and also to the court in Cleveland, he now lost his job for too much time off trying to get me out. 

 

Hopefully he will get a job to be able to continue the affidavit or I’ll be getting sent ‘home’ where I have nothing to go back to. I have never felt so desolate as I do now and stuck. 

 

Thanks for reading. 

 

 

EEB246B9-969B-4B2F-9CAC-09F6EFD01F41.jpeg

Wow, what a horrible experience!  So sorry.  The people in the forum you were reading about that said you only have to be married within the 90 days period are not correct. Once the K1 visa expires, you are basically out of status. So you have to file AOS  ASAP so you can adjust your status. 

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4 minutes ago, Beddy2015 said:

Wow, what a horrible experience!  So sorry.  The people in the forum you were reading about that said you only have to be married within the 90 days period are not correct. Once the K1 visa expires, you are basically out of status. So you have to file AOS  ASAP so you can adjust your status. 

Yes I was trying to. I never imagined that they would not at least review my completed pack and let me show proof of why i was just days over the 90 days. Less than 2 weeks. The USCIS screen shots I posted didnt help, I very much thought it would be crystal clear on there to FILE within 90 days but all it says is to marry.

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10 minutes ago, SpaceAge said:

IF i had known there was a deadline but the rapidvisa website and USCIS implied otherwise

There is no deadline to file .   But you are out of legal status until filed.  Yes people have taken months and even years to file AOS.  Again being here without legal status.

 

If you got married on 2/23 you didn't have to have the 1099 to file until after 4/15.

 

Your case is evidence of what can happen.  I'm sorry for your experience.

 

 


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It come up on this forum every now and then and every time people are told to file within the 90 days.

 

K1 is good for 90 days and then you are out of status.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You are out of Status after the 90 days. We filed for my wife after 90, but it was pretty soon after. You are an example of what can happen. It's definitely not common though. Yet another reason why spousal visa is a better option. 

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2 minutes ago, Redheadguy03 said:

You are out of Status after the 90 days. We filed for my wife after 90, but it was pretty soon after. You are an example of what can happen. It's definitely not common though. Yet another reason why spousal visa is a better option. 

Hindsight is a wonderful thing. I was only 12 days over which was a soon as I could with the marriage licence going missing first. Im paying the price even though I tried everything I could to get it off on time and now i face losing everything. 

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6 minutes ago, SpaceAge said:

Hindsight is a wonderful thing. I was only 12 days over which was a soon as I could with the marriage licence going missing first. Im paying the price even though I tried everything I could to get it off on time and now i face losing everything. 

Oh trust me I understand hindsight. We did fiance visa and I definitely wish we would have gone spousal visa, but that's over now for us. I sure hope it works out for you! A quick question have you filed your AOS now? You said your husband lost his job, which he would need the income for AOS. Is a cosponsor an option? 

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7 minutes ago, Redheadguy03 said:

Oh trust me I understand hindsight. We did fiance visa and I definitely wish we would have gone spousal visa, but that's over now for us. I sure hope it works out for you! A quick question have you filed your AOS now? You said your husband lost his job, which he would need the income for AOS. Is a cosponsor an option? 

The court took just the AOS part of the pack at court on Monday. I need to get hold of the lawyer to find out what I now do with the EAD, advance parole etc to pay the one filing fee. I think until i get my next court date I just have to wait to see that they will approve it but theyve held onto my passport and Uk drivers licence so I have no photo ID at all now which I thought was a crime in itself so im scared to leave the house. My husband needs to find a job ASAP and i think we’ll need to amend the affidavit, i have no option for a cosponsor here. He earned enough on his tax returns so im not sure if him being between jobs will be a problem, knowing my luck it will be though. 

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5 minutes ago, VNN said:

I understand why you made your decision to delay.  

 

To be fair, “internet” people do not give wrong information: you can file AOS any time as long as marriage happens within 90 days because out of status is forgiven/not a concern for the application itself. They just do not highlight the fact for “what if” you encounter a law enforcement officer when you are out of status.

 

There are no advantages to delaying filing for adjustment of status........


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