How long can we delay applying for Green Card?

[slayrre7 1]

We completed the K-1 process, my wife is here from Brazil, we got married and applied for her social security number. Our question is... how long can we delay applying for her Green Card? The reason is... we ran into some unexpected expenses and simply do not have the money at this time.

 

Thank you...

 

Michael & Simoni

 

[Roel 7,191]

You can delay it all you want, but your wife can be deported any time after her 90 days expire. She'll be out of legal status.

 

Also.. wouldn't it make more sense to gather the money and apply, so your wife can get her work permit and start earning money also?

[JFH 12,189]

You can delay it as long as you want. But once her I-94 expires she is out of status and potentially could be deported. Unlikely to happen right away but it’s a possibility. Can you not borrow the money? 

Edited May 27, 2019 by JFH

[slayrre7 1]

So... even though we are married... they can deport her after 90 days? Wow... did not know that. So we have no choice but to apply within 90 days?

[Roel 7,191]

3 minutes ago, slayrre7 said:

So... even though we are married... they can deport her after 90 days? Wow... did not know that. So we have no choice but to apply within 90 days?

You always have a choice.

"Just" marrying US citizen doesn't give any legal status.

[slayrre7 1]

Thank you Roel... we understood that...just wasn't aware of the time limitations. We knew we had 90 days to marry... but wasn't sure how much time we had after we married to start the Green Card or adjustment process.

[Nat&Amy 623]

1 minute ago, slayrre7 said:

So... even though we are married... they can deport her after 90 days? Wow... did not know that. So we have no choice but to apply within 90 days?

There is no obligation to apply within the 90 days but as others pointed out, out of status = deportable. Marriage to a USC does not grant any special treatment in this kind of situation. There have been cases here on VJ where people did not file before their i94 expired and were put in removal proceedings. And then there were also cases of people who waited years without filing and never had problems. It's a lottery, so your safest bet is to apply as soon as you can even if that means borrowing money or maxing a credit card.

[slayrre7 1]

Thank you you everyone for your help. Unfortunately, we needed to do better research on life after the fiance visa and getting married. At least now, thank to your answers, we have a better understanding of the position we are in.

[Nat&Amy 623]

1 minute ago, slayrre7 said:

Thank you you everyone for your help. Unfortunately, we needed to do better research on life after the fiance visa and getting married. At least now, thank to your answers, we have a better understanding of the position we are in.

Good luck to your wife in her immigration journey! The costs involved in the process can be a pain but in the end it will all be worth it.

[JFH 12,189]

This one of the many drawbacks of the K-1. Unfortunately many people stop reading when they see the part that tells them it’s faster than a spousal visa and make the decision it’s the right visa for them. This is food for thought for anyone still deciding which path to follow. And for those that still decide to pursue a K-1 it’s good to have the cost of the AOS filing factored into your budget before you start so that this situation doesn’t happen. 

Edited May 27, 2019 by JFH

[Crazy Cat 39,206]

49 minutes ago, slayrre7 said:

Thank you you everyone for your help. Unfortunately, we needed to do better research on life after the fiance visa and getting married. At least now, thank to your answers, we have a better understanding of the position we are in.

There is a recent case here on Vj in which a poster failed to file the I-485 within 90 days......She was involved in a traffic stop as a passenger.........she spent 5 weeks in jail......before she could get out.  I'm not sure the case is settled yet....Personally, I would beg or borrow to get the money to file the I-485, I-765, and I-131. as soon as possible.

[Ryanmaria2018 185]

1 hour ago, Nat&Amy said:

There is no obligation to apply within the 90 days but as others pointed out, out of status = deportable. Marriage to a USC does not grant any special treatment in this kind of situation. There have been cases here on VJ where people did not file before their i94 expired and were put in removal proceedings. And then there were also cases of people who waited years without filing and never had problems. It's a lottery, so your safest bet is to apply as soon as you can even if that means borrowing money or maxing a credit card.

Nat&Amy, I agree in point with your statement regarding out of status. My wife and I recently married back in October 2018 and her 90 day expiration date was December 16th. My wife has pretty much laid low since that time and just last week we filed our I-485 forms, Advance Parole,  EAD, and affidavit of support forms. Thankfully I got enough back on my taxes to pay the ridiculous amount of $1,225.00. So I would agree the sooner the better. Amazing enough that illegals can get free housing food stamps and free healthcare and yet our spouses are here LEGALLY and can't get anything🤬.

[milimelo 4,191]

USCIS nowadays accepts credit cards as form of payment... 

[HRQX 4,145]

6 hours ago, missileman said:

There is a recent case here on Vj in which a poster...

I found another VJ cautionary thread:

 

[Pitaya 2,576]

As many others have said, there is no real defined time frame to start AOS. However, the sooner you get started the sooner she can work, travel, drive, etc. Her activities will be limited until some of the AOS/EAD/AP work is filed and accepted. When her I-94 expires, she is potentially at the mercy of the CBP and possible detention issues. Unknown where you live, one of the VJ mods live in Texas, and has a pinned thread in the Working/Traveling during US Immigration forum, speaking about roving CBP checkpoints near the southern border and at airports. https://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/ If her documents are expired, or not in order, it could make for some real legal issues. Get the AOS ball rolling, as with most every timeline associated with USCIS, wait times are becoming quite protracted. Wait times for AOS adjudication is hovering at a year or more (check out some recent postings in the K1/K3 AOS Process forum), EAD/AP adjudication was recently changed to 6.5 to 8.5 months. https://www.visajourney.com/forums/topic/708136-psa-nbc-ead-i-765-processing-times-updated-to-65-85-months/   Get the AOS/EAD/AP paperwork filed ASAP. This entire immigration process is not the faint of heart, nor light of wallet.

 

Good luck on your immigration journey.