Practical Reality for K1's to receive UNCONDITIONAL perm residency is *4* Years?!?

[misa 2]

Or is there some additional legal status conveyed merely for FILING for the AOS, even if it has not yet been granted?

Their status is just "pending". The only requirement of the K1 is to marry within 90 days. After that they are "out of status" until they apply for AOS and their immigration status changes to "pending" (not sure if that is the exact term).

While a lot of people do receive their GC after a few months of applying, one can still get caught up in security/name checks lasting several months or a few years. While the case is pending, one can still work provided they have a valid EAD (employment authorisation document).

Edited July 16, 2007 by misa

[Boiler 47,495]

Just a clarification.....

One is not 'illegal' after the K1 expires but before the I485 is filed. One is out of status.

To be illegal in this country, you have to enter without inspection. Anyone who enters at a POE on a valid visa has been inspected, so they cannot be 'illegal'.

They are however without a 'status' as far as immigration laws are concerned. They are unable to work and if they leave the country they cannot re-enter without another valid visa.

No person is illegal, Undocumented American is the PC term

You can certainly be stuck with paying additional tax in the US, I know from personal experiance. Well within the threshold, which others have pointed out is not very much.

[SirLancelot 1]

I would never want to take that risk and therefore this piece of information makes my entire analysis moot. However, it does raise an interesting point: Doesn't this mean that EVERYONE is in an "illegal status" (I think the folks here used the term "OUT OF STATUS") unless they arrive, get married, file for AOS and actually RECEIVE their GC before the 90 days of K1 validity expire. I would imagine that most, if not noone, gets their GC that quickly. Or is there some additional legal status conveyed merely for FILING for the AOS, even if it has not yet been granted?

Samby, the most legal way to do this is to get married and file for AOS within 90 days after the K-1 visa holder arrives to the US. If that can't be done, then make sure you get married before the 90 days are up, then you can file for AOS later, even if the 90 days are up. But no matter what, do NOT wait to get married after the 90 days are up.

If you arrive on a K-1 visa, and you get married within the 90 days, and you file for AOS within the 90 days, you'll never have been "out of status". As soon as you file for the AOS, you get into this "limbo" pending status. The most important thing to keep in mind is that you're NOT "out of status" if you filed the AOS within 90 days of the K-1 visa holder's arrival, not even for one day. For those who file for AOS after 90 days of arrival, they are technically "out of status" until they file.

Rebbecca states one is not an "illegal" as one entered legally. But I disagree. As long as one's visa is expired, and have not filed for AOS, they are "out of status" for over staying a visa and that is not legal. During that period they are "out of status"; they are illegal. While there may be law which forgives the overstay for persons who marry American citizens, that forgiveness doesn't mean the person wasn't "out of status" during the period after the 90 days of entry and before AOS filing.

All of this is a moot point if the K-1 visa holder would just marry and file within the 90 days upon their arrival. I don't think it's a hardship to do this as many more people file for AOS within the 90 days than after the 90 days. Some people on here seems to take the view that everyone should take their time and wait as long as possible to file for AOS. I take the other view that one should marry and file within the 90 days. We were a little late, by about a month, to file our AOS. While I didn't expect my wife to be deported during that one month of being out of status, I did NOT like her being out of status, and technically being an illegal. Once we filed for AOS, I was much more relieved. I'm glad we're now in the pending limbo status. At least she's no longer "out of status".

Good luck with your AOS Samby.

edit: here is a link to "Overstaying a Visa" which discusses overstays and out of status.

http://www.legalmatch.com/law-library/arti...ing-a-visa.html

Edited July 16, 2007 by SirLancelot

[Magnolia31 0]

Ugh, my brother is going through that! He is American but lives with my mom in Germany. He works over there but has to pay taxes to the Germans and the US. Crazy.

I read an article about US citizens who had moved permenantly to the UK recently. Apparently a large number of them have actually forfeited their US citizenship because of this. An amazing step really, but the ridiculous situation of double taxation made it hard for them to make ends meet.

The US expects foriegners working here to pay taxes, it should not expect its citizens living abroad to have to pay double.

http://www.ustaxfs.com/pages/main3.asp?sec...ge=case_studies

The US does give some special exemptions for people working outside the US and there is also a system of tax credits so that you do not pay tax on the same income in more than one territory.

Generally it is likely that your US tax liability will be substantially reduced during your time abroad.

If you make less than $90,000USD abroad, it's irrelevant. If you make over that amount, then you do pay double taxes on the amount over $90K. This credit increases every year and the $90K figure I'm using may not be the exact figure for this year, but it's around that figure. Contact your tax attorney or accountant to get the exact figure for 2007/2008.

So you're saying that you do pay double if you make more than 90,000 a year? My brother is a contract worker and makes more than that. I'm confused about it all and have no idea how taxes work, but I know that he has had to pay double.

[SirLancelot 1]

So you're saying that you do pay double if you make more than 90,000 a year? My brother is a contract worker and makes more than that. I'm confused about it all and have no idea how taxes work, but I know that he has had to pay double.

According to Niagaenola, it's around $83,000. I thought it was higher, more like $87-90K. But if Niagaenola works in that industry, then I'd go with his figures.

It means your brother will pay US income taxes on income he made ABOVE that amount. So for example, if he made $150K abroad, then he's liable for US taxes on $150,000 - $83,000 = $67000.

But this also depends on where he's working abroad. The tax treaty between the two countries govern the actual amount. They do differ depending on different countries.

[rebeccajo 14]

I would never want to take that risk and therefore this piece of information makes my entire analysis moot. However, it does raise an interesting point: Doesn't this mean that EVERYONE is in an "illegal status" (I think the folks here used the term "OUT OF STATUS") unless they arrive, get married, file for AOS and actually RECEIVE their GC before the 90 days of K1 validity expire. I would imagine that most, if not noone, gets their GC that quickly. Or is there some additional legal status conveyed merely for FILING for the AOS, even if it has not yet been granted?

Samby, the most legal way to do this is to get married and file for AOS within 90 days after the K-1 visa holder arrives to the US. If that can't be done, then make sure you get married before the 90 days are up, then you can file for AOS later, even if the 90 days are up. But no matter what, do NOT wait to get married after the 90 days are up.

If you arrive on a K-1 visa, and you get married within the 90 days, and you file for AOS within the 90 days, you'll never have been "out of status". As soon as you file for the AOS, you get into this "limbo" pending status. The most important thing to keep in mind is that you're NOT "out of status" if you filed the AOS within 90 days of the K-1 visa holder's arrival, not even for one day. For those who file for AOS after 90 days of arrival, they are technically "out of status" until they file.

Rebbecca states one is not an "illegal" as one entered legally. But I disagree. As long as one's visa is expired, and have not filed for AOS, they are "out of status" for over staying a visa and that is not legal. During that period they are "out of status"; they are illegal. While there may be law which forgives the overstay for persons who marry American citizens, that forgiveness doesn't mean the person wasn't "out of status" during the period after the 90 days of entry and before AOS filing.

All of this is a moot point if the K-1 visa holder would just marry and file within the 90 days upon their arrival. I don't think it's a hardship to do this as many more people file for AOS within the 90 days than after the 90 days. Some people on here seems to take the view that everyone should take their time and wait as long as possible to file for AOS. I take the other view that one should marry and file within the 90 days. We were a little late, by about a month, to file our AOS. While I didn't expect my wife to be deported during that one month of being out of status, I did NOT like her being out of status, and technically being an illegal. Once we filed for AOS, I was much more relieved. I'm glad we're now in the pending limbo status. At least she's no longer "out of status".

Good luck with your AOS Samby.

edit: here is a link to "Overstaying a Visa" which discusses overstays and out of status.

http://www.legalmatch.com/law-library/arti...ing-a-visa.html

SirLancelot, there's nothing 'illegal' about it. That term refers to a persons method of entry into the US. Not to mention the fact that the purpose of a K1 is to marry within 90 days. If you have done that, the terms of your visa have not been violated. The only 'overstay' that can be created when entering on a K1 is by violating the visa and not marrying within the 90 day timeframe.

There's little difference in the legal protections offered any immigrant while their adjustment is pending when they entered on a marriage visa. USCIS doesn't even have a 'status' category for such individuals. The only advantage they have over those who are truly 'illegal' (ie entered without inspection) is they can legally work and travel with proper documentation.

I hate to tell you this, but the law and American society don't recognize your NOA1 for your wife's I-485 as proof she is a permanent resident. The fact anyone is here married to a US citizen affords them equal legal protections until permanent residency is granted. But their method of entry to the country can color the chances of that residency being granted - that's the 'illegal' part.

You are correct that it is preferable to marry within 90 days (because of tiny shades of gray within the law) but those who have entered with inspection and are married to a USC are not within the United States 'illegally'.

Edited July 16, 2007 by rebeccajo