K1 visa after marriage

[mahalia 5]

Question: what happen if you got married under k1 visa if you failed to submit i485 in 90 days?  I’m asking for a friend

Edited May 11, 2023 by mahalia

[EM_Vandaveer 2,377]

Nothing happens automatically, however the beneficiary is deportable so if for some reason they come into contact with ICE/CBP/Border Patrol they can be detained and deportation proceedings can start against them. Marriage itself confers no immigration benefit, once the 90 days are up the beneficiary is overstaying.

[Crazy Cat 39,907]

35 minutes ago, mahalia said:

Question: what happen if you got married under k1 visa if you failed to submit i485 in 90 days?  I’m asking for a friend

There are no benefits in waiting to file for adjustment of status. None at all.  This could happen:

This member was arrested, detained, and jail for at least 5 weeks..... We don't know what happened after that... 

Beware bad information on AOS deadline for K1 (fresh out of jail) - Adjustment of Status (Green Card) from K1 and K3 Family Based Visas - VisaJourney

 

Waiting to file for adjustment of status delays the ability to leave the US (and reenter), delays the ability to work, and delays eligibility to file for citizenship.  No K-1 plan should include waiting to file an I-485...period.

Edited May 11, 2023 by Crazy Cat

[Adventine 3,187]

Moreover the AOS fees are set to go up (a lot) soon, so it's going to be even more expensive to file if they wait.

[Ontarkie 13,994]

~~Moved to AOS Family K1/K3 P&P, from K1 P&P - as the Op is asking about late filing of AOS.~~

[igoyougoduke 1,622]

1 hour ago, mahalia said:

Question: what happen if you got married under k1 visa if you failed to submit i485 in 90 days?  I’m asking for a friend

absolutely nothing unless CBP wants to deport for overstaying. if the person does not committ any crime, there is no urgency. Applicant will be unable work or travel outside the country 

 

[Crazy Cat 39,907]

2 minutes ago, igoyougoduke said:

if the person does not committ any crime, there is no urgency.

What crime did @SpaceAge comitt?  

Beware bad information on AOS deadline for K1 (fresh out of jail) - Adjustment of Status (Green Card) from K1 and K3 Family Based Visas - VisaJourney

[igoyougoduke 1,622]

10 minutes ago, Crazy Cat said:

What crime did @SpaceAge comitt?  

Beware bad information on AOS deadline for K1 (fresh out of jail) - Adjustment of Status (Green Card) from K1 and K3 Family Based Visas - VisaJourney

just read the SpaceAge story. wow strange story but i guess its a risk 

[Lemonslice 4,636]

13 minutes ago, igoyougoduke said:

absolutely nothing unless CBP wants to deport for overstaying. if the person does not committ any crime, there is no urgency. Applicant will be unable work or travel outside the country 

 

No need to commit a crime to be detained, just driving across a checkpoint, or having your status verified in some jurisdictions, is enough. 

 

I mean, citizens have been detained, so having no status/documentation of legal status, really puts the immigrant at risk of mistreatment, even more so if they are women.

 

I would do everything to file as soon as possible and avoid the risk of seeing my loved one detained.

[igoyougoduke 1,622]

33 minutes ago, Lemonslice said:

No need to commit a crime to be detained, just driving across a checkpoint, or having your status verified in some jurisdictions, is enough. 

 

I mean, citizens have been detained, so having no status/documentation of legal status, really puts the immigrant at risk of mistreatment, even more so if they are women.

 

I would do everything to file as soon as possible and avoid the risk of seeing my loved one detained.

 yes one wants to self sabotage themselves they can do that.. the risk is always there without a status 

[Crazy Cat 39,907]

Just now, igoyougoduke said:

the risk is always there without a status 

I agree.  I wouldn't want to live in fear.

[Lemonslice 4,636]

2 minutes ago, igoyougoduke said:

 yes one wants to self sabotage themselves they can do that.. the risk is always there without a status 

I'm not sure what you mean by self sabotage? But yes, all agree to file as promptly as possible.

[Sammy_2496 116]

They will be out of status and at risk of deportation. It is not  worth the risk, file AOS before the 90 days.

[mahalia 5]

Thank you for all your response! Are they still okay to file i485 even if it’s past 90 days? Cause it’s been 6 months since she moved here and got married.

[mahalia 5]

Also I forgot to mention, she got pregnant and husband said he was able to add her on his health insurance. I wonder how that works? Cause she doesn’t have social security and how does the insurance will cover her medical if she doesn’t have legal status besides being married here in US.