Crazy Cat

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.

That, alone, confers no immigration rights or right to remain in the US. My reference was to the thread in which the OP related her experience as a married K-1 entrant who was detained....not her misconceptions.

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I am saying the person, married or not, is out of status after their I-94 expires. In the case of a K-1 entrant, it is 90 days after entry via the K-1.

All non-immigrant entrants must leave before the I-94 expires.

Only if the K-1 entrant is OK with the risk of being detained and deported.

That is inaccurate.

Correct. Marriage confers no immigration rights or rights to remain in the US. Only after a married K-1 entrant submits a proper I-485 will he/she be granted "authorized stay" until the I-485 is adjudicated. "Authorized Stay" is not a legal status. The person remains out of status, but does not accrue unlawful presence.

That is inaccurate.

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I've already moved it to the correct forum. Africa: Sub-Saharan - VisaJourney