Crazy Cat

They won't short of an admission by the immigrant of outright fraud, imo. We sometimes forget that both spouses submit a LOT of evidence to attest to the authenticity of a marriage. Sometimes, it's better to divorce, move on, and seek happiness for yourself. Sometimes, it is to the advantage of the US citizen for the immigrant to obtain citizenship as soon as possible. That is the fastest way to terminate the obligations of an I-864. Note: There is no 10 year limit if the immigrant never accrues 40 work credit quarters.

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Although some states might allow Medicaid, probably private pay plan until she has a Green Card. Then she will qualify for Obama Care. Mom will not be eligible for Medicare until she is 65 and either has been a Green Card holder for 5 years or is a US citizen. At that point, since she will not have been working for 10 years, she will have to buy into Medicare Parts A&B. If she marries a US citizen, things will be different regarding Social Security benefits (age 62) and Medicare (age 65).

They can (and should) refuse to sign an I-407. CBP would then have the option to refer them to an immigration judge. They could also be admitted without any issues. What is the status of the I-751s?

They will be allowed into the US. However, expect some questions, and they could be asked to sign I-407s. Let us know how it goes. Good luck.

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That is not a legal immigration status!!

Marriage does not confer authorization to remain in the US.

Agree. I meant a valid VAWA claim is the only avenue I can think of for a K-1 to stay...if there was a qualifying reason.

VAWA is the only way I can think of.

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Your Senator or Representative cannot expedite the process. Every case is different. This is a long, painful process.

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That is absolutely false. Please stop spreading dangerous misinformation.... Being an "immediate relative", in itself, confers no immigration rights or right to remain in the US.

Don't let anyone convince that you should delay filing an I-485. Some will say that a marriage certificate allows a person to remain in the US. That just isn't true. This firm explains AOS best practice. Adjustment of Status for K1 Visa | Siam Legal International (siam-legal.com) Can I still apply for AOS if the 90 day stay I was given upon entry to the US has expired? Assuming you married during that 90 day period, you can still apply for AOS. However, you will be "out of status" during any period between the expiration of the 90 days and the receipt by USCIS of your AOS application and technically subject to deportation from the US. Our advice to our K-1 AOS clients is always to ensure their AOS application is received by USCIS before the 90 day stay expires. Once the application has been received by USCIS, AOS applicants are granted a period of authorized stay in the US until a decision has been made on their AOS application.

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This firm explains AOS best practice. Adjustment of Status for K1 Visa | Siam Legal International (siam-legal.com) Can I still apply for AOS if the 90 day stay I was given upon entry to the US has expired? Assuming you married during that 90 day period, you can still apply for AOS. However, you will be "out of status" during any period between the expiration of the 90 days and the receipt by USCIS of your AOS application and technically subject to deportation from the US. Our advice to our K-1 AOS clients is always to ensure their AOS application is received by USCIS before the 90 day stay expires. Once the application has been received by USCIS, AOS applicants are granted a period of authorized stay in the US until a decision has been made on their AOS application.

Agree......but there is a risk after 90 days. A marriage certificate, alone, does not confer any right to remain in the US. That is a misconception by average Americans who think marriage automatically confers the right to live in the US.

Absolutely false. Re-read the thread I linked. The OP was married, yet was detained for 5 weeks for unlawful presence. A properly submitted I-485 fills the gap between filing and I-485 adjudication. When filed prior to 90 days, it eliminates any period of unlawful presence. Thus, it makes sense to file the I-485 prior to 90 days after entry.

Perhaps you did not get the message from the OP of that thread I linked. She entered via a K-1, married, but did NOT submit an I-485 within 90 days. She was detained for 5 weeks due to being out of status.