N M

LOL. Nice.
Please show me anything in my posts where I said that ICE would IMMEDIATELY be involved in a K-1 visa.
You are the only saying there is nothing to worry about which is totally incorrect.
Classic - turning the table when you are wrong.
Since you disagree with my first post, please enlighten me with where I was inconclusive and not totally correct? What would you add to my original post?

I agree that no judge would order her deported when she is eligible to adjust. But how did she end up in front of the judge?
Being out of status and not having filed for AOS means that ICE can pick her up. That's how she is going to end up in front of the judge who will let her adjust.
Shouldn't the OP be made aware of this? Or should we gloss over it and say she wouldn't be deported so it doesn't matter if ICE can pick her up and detain her?

Someone who hasn't yet filed for AOS is technically deportable after the 90 days. However, in reality, no immigration judge will order someone to be deported when that person is eligible to adjust status. The person will be given the chance to adjust. If the person doesn't file for AOS in a timely manner after that, then the risk of deportation increases.
We're getting wound up in our own underwear in this thread, sigh man. The practical answer to the OP's question is that AOS should be applied for now (ideally), or at least as soon as it's feasible to file for it.

Why don't you show us on what basis she can remain in the US when her non-immigrant K-1 visa has expired and she has not applied for any other immigration benefit?
I never said that she MUST file AOS in 90 days after marriage. (By the way, that is not the rule. The K-1 must marry within 90 days in order to have a basis to adjust.) I NEVER EVER SAID SHE MUST FILE AOS IN 90 DAYS AFTER MARRIAGE. As long as she marry within 90 days after entering on the K-1, she has a basis to adjust from the K-1. The adjustment can occur anytime after marriage.
I don't need you to agree with me.
Please show me where being out of status does not make a person deportable? On what basis does a person with an expired non-immigrant K-1 visa and who has not file for adjustment or any other immigration benefit have a right to be in the US?

What you consider the question is not the question.
The question is "how long can she stay legitimately on the K-1?" The OP states she will not file to adjust within 90 days. The follow up questions were "so between now and filing will she be out of status? can she be deported? will it cause problem when we do go to file later?"
The answer is she can legally stay as long as she is in status. So being out of status makes her deportable if she is picked up by ICE.
Filing for AOS gives her permission to remain in the US until the case is adjudicated. Not filing for AOS and being out of status means she is not protected because she no longer has permission to be in the US.
Also, the OP states that they will not be filing to adjust within the 90 days, so she will be out of status.
So, you "think for a minute" about how your post does not answer "how long can she stay legitimately on the K-1" when she will not file to adjust until after the 90 days are up. So how does your answer that "So, there is time and not out of status" help when the OP has already stated they will not file in time?
Telling them to "chill out" is not the correct answer.
So, please enlighten the rest of us on what legal basis can she remain in the US when her K-1 expires and she has not file for any other immigration benefit? Being married to a US citizen doesn't give her any rights to remain in the US when she doesn't file to adjust. The K-1 is a non-immigrant visa, so that's not the answer.

Recall that being married to a US citizen and entering legally does not allow a foreign national to remain in the US indefinately. To legally stay in the US indefinately, the foreign spouse must file to adjust status and obtain a green card.

Lest anyone misinterpret this vague statement, it's wisest and most prudent to file for AOS just as soon as one is eligible to do so.

If she married within the 90-day period of validity of her I-94, she is "eligible to adjust status." After the 90 days, she runs a risk of being detained (for example, at an inland CBP checkpoint) if she hasn't yet applied for AOS. If she were to be detained, she would appear before an immigration judge, who would instruct her to adjust status as soon as possible.
CBP agents distinctly lack a sense of humor, and some of them are looking to "nail" anybody they can. Nobody wants a bullseye on their back if there doesn't need to be one.
This is why it's prudent to adjust status as soon as one can after marriage. I had Mrs. T-B. carry a copy of our cover-letter (& check) for AOS until she got the NOA1, and she carried that until she got her Advance Parole document, which she carried until she got her first green card. It may be overkill now that she has her 10-year green card, but I still have her carry a copy of our marriage certificate wherever she goes. She'll do this until her citizenship is applied for and granted, si man.

After 90 days she is out of status. And could be deported.

102 Things NOT To Do If You Hate Taxes
So, you're a Republican that hates taxes? Well, since you do not like taxes or government, please kindly do the following.
1. Do not use Medicare.
2. Do not use Social Security
3. Do not become a member of the US military, who are paid with tax dollars.
4. Do not ask the National Guard to help you after a disaster.
5. Do not call 911 when you get hurt.
6. Do not call the police to stop intruders in your home.
7. Do not summon the fire department to save your burning home.
8. Do not drive on any paved road, highway, and interstate or drive on any bridge.
9. Do not use public restrooms.
10. Do not send your kids to public schools.
11. Do not put your trash out for city garbage collectors.
12. Do not live in areas with clean air.
13. Do not drink clean water.
14. Do not visit National Parks.
15. Do not visit public museums, zoos, and monuments.
16. Do not eat or use FDA inspected food and medicines.
17. Do not bring your kids to public playgrounds.
18. Do not walk or run on sidewalks.
19. Do not use public recreational facilities such as basketball and tennis courts.
20. Do not seek shelter facilities or food in soup kitchens when you are homeless and hungry.
21. Do not apply for educational or job training assistance when you lose your job.
22. Do not apply for food stamps when you can't feed your children.
23. Do not use the judiciary system for any reason.
24. Do not ask for an attorney when you are arrested and do not ask for one to be assigned to you by the court.
25. Do not apply for any Pell Grants.
26. Do not use cures that were discovered by labs using federal dollars.
27. Do not fly on federally regulated airplanes.
28. Do not use any product that can trace its development back to NASA.
29. Do not watch the weather provided by the National Weather Service.
30. Do not listen to severe weather warnings from the National Weather Service.
31. Do not listen to tsunami, hurricane, or earthquake alert systems.
32. Do not apply for federal housing.
33. Do not use the internet, which was developed by the military.
34. Do not swim in clean rivers.
35. Do not allow your child to eat school lunches or breakfasts.
36. Do not ask for FEMA assistance when everything you own gets wiped out by disaster.
37. Do not ask the military to defend your life and home in the event of a foreign invasion.
38. Do not use your cell phone or home telephone.
39. Do not buy firearms that wouldn't have been developed without the support of the US Government and military. That includes most of them.
40. Do not eat USDA inspected produce and meat.
41. Do not apply for government grants to start your own business.
42. Do not apply to win a government contract.
43. Do not buy any vehicle that has been inspected by government safety agencies.
44. Do not buy any product that is protected from poisons, toxins, etc…by the Consumer Protection Agency.
45. Do not save your money in a bank that is FDIC insured.
46. Do not use Veterans benefits or military health care.
47. Do not use the G.I. Bill to go to college.
48. Do not apply for unemployment benefits.
49. Do not use any electricity from companies regulated by the Department of Energy.
50. Do not live in homes that are built to code.
51. Do not run for public office. Politicians are paid with taxpayer dollars.
52. Do not ask for help from the FBI, S.W.A.T, the bomb squad, Homeland Security, State troopers, etc…
53. Do not apply for any government job whatsoever as all state and federal employees are paid with tax dollars.
54. Do not use public libraries.
55. Do not use the US Postal Service.
56. Do not visit the National Archives.
57. Do not visit Presidential Libraries.
58. Do not use airports that are secured by the federal government.
59. Do not apply for loans from any bank that is FDIC insured.
60. Do not ask the government to help you clean up after a tornado.
61. Do not ask the Department of Agriculture to provide a subsidy to help you run your farm.
62. Do not take walks in National Forests.
63. Do not ask for taxpayer dollars for your oil company.
64. Do not ask the federal government to bail your company out during recessions.
65. Do not seek medical care from places that use federal dollars.
66. Do not use Medicaid.
67. Do not use WIC.
68. Do not use electricity generated by Hoover Dam.
69. Do not use electricity or any service provided by the Tennessee Valley Authority.
70. Do not ask the Army Corps of Engineers to rebuild levees when they break.
71. Do not let the Coast Guard save you from drowning when your boat capsizes at sea.
72. Do not ask the government to help evacuate you when all hell breaks loose in the country you are in.
73. Do not visit historic landmarks.
74. Do not visit fisheries.
75. Do not expect to see animals that are federally protected because of the Endangered Species List.
76. Do not expect plows to clear roads of snow and ice so your kids can go to school and so you can get to work.
77. Do not hunt or camp on federal land.
78. Do not work anywhere that has a safe workplace because of government regulations.
79. Do not use public transportation.
80. Do not drink water from public water fountains.
81. Do not whine when someone copies your work and sells it as their own. Government enforces copyright laws.
82. Do not expect to own your home, car, or boat. Government organizes and keeps all titles.
83. Do not expect convicted felons to remain off the streets.
84. Do not eat in restaurants that are regulated by food quality and safety standards.
85. Do not seek help from the US Embassy if you need assistance in a foreign nation.
86. Do not apply for a passport to travel outside of the United States.
87. Do not apply for a patent when you invent something.
88. Do not adopt a child through your local, state, or federal governments.
89.Do not use elevators that have been inspected by federal or state safety regulators.
90. Do not use any resource that was discovered by the USGS.
91. Do not ask for energy assistance from the government.
92. Do not move to any other developed nation, because the taxes are much higher.
93. Do not go to a beach that is kept clean by the state.
94. Do not use money printed by the US Treasury.
95. Do not complain when millions more illegal immigrants cross the border because there are no more border patrol agents.
96. Do not attend a state university.
97. Do not see any doctor that is licensed through the state.
98. Do not use any water from municipal water systems.
99. Do not complain when diseases and viruses, that were once fought around the globe by the US government and CDC, reach your house.
100. Do not work for any company that is required to pay its workers a livable wage, provide them sick days, vacation days, and benefits.
101. Do not expect to be able to vote on election days. Government provides voting booths, election day officials, and voting machines which are paid for with taxes.
102. Do not ride trains. The railroad was built with government financial assistance.
The fact is, we pay for the lifestyle we expect. Without taxes, our lifestyles would be totally different and much harder. America would be a third world country. The less we pay, the less we get in return. Americans pay less taxes today since 1958 and is ranked 32nd out of 34 of the top tax paying countries. Chile and Mexico are 33rd and 34th. The Republicans are lying when they say that we pay the highest taxes in the world and are only attacking taxes to reward corporations and the wealthy and to weaken our infrastructure and way of life. So next time you object to paying taxes or fight to abolish taxes for corporations and the wealthy, keep this quote in mind…
"I like to pay taxes. With them, I buy civilization." ~Oliver Wendell Holmes

Actually they DO care how much money you have AND what kind of ties you have to your home country. We lost $1,200 because my then boyfriend was turned away at POE for not having proof of being able to support himself while here. We knew nothing about the requirements in place to use the VWP at the time. We thought you could just come as long as you were from a VWP country and had a return ticket that was not further than 90 days from arrival. NOT the case.
Good luck to the OP, hopefully you'll have no problems, but I'd be prepared and do my "homework" on the requirements of people using VWP to come for an extended visit to the US.

Seriously. . .

Usually if you have a credit card on you, they won;t even ask how much is in the account.

ok good i just wanna stay i have a 2yr old with my wife we have a great relationship she loves her dad i have a good job here i dont wanna lose all that just cos me and the wife couldnt make the relationship work

Don't forget your US taxes from those years.

I'm a bit confused. When did you apply for the green card? Why was it only received in February? Why did you apply for it before you were ready to live in America? What have you been using to visit the US if not the green card?

If you look in the effects of major changes forums you will see many frequent posts from people asking if they can send their new spouse / fiance(e) back to their country for various reasons.

Nothing irks me more than seeing "CAN I SEND THEM BACK?" or some variation of this. I admit with all the fees you pay the immigration process can feel like modern day slave trade. Know what you want, know who you are, and know who you are marrying before you dive into visa waters. Yes, some of our significant others come from economically struggling countries and others whose countries fair far better than the US. Your spouse is not an expensive shirt that you tuck the tag in, wear for a night, and return the next day. My husband is fine where he is and it touches me to hear him pray for the betterment of his country and the people. Our spouses are perfectly capable of sustaining themselves in their home country. If you examine the circumstances the quality of life may be somewhat advanced in the US, but the quantity you pay is the same. Your spouse's life is changed as well as their family's. Some of them endure ridicule and negativity, because they married you and not a fellow countryman.

They do not do this at biometrics you have to make an infopass appointment to request the stamp.

I know this:
Petitioner's First Name: Annie
Beneficiary's First Name: Franky
And this:
I-129F Sent : 2012-02-06
I-129F NOA1 : 2012-02-11
Pretty easy to track if you ask me.

Well, I do understand exactly what you are feeling and going through. Like you, I moved as an older woman who had a well-established career, financial freedom and personal independence doing a job I LOVED to marry a man I loved - who was an American. We discussed the options of which country to live in and our choice was purely pragmatic. He owned a house - I rented; he had a job that paid 3 times mine, and the weather was nicer here - at least in Winter! . So, I moved to the US. Living in the US is nothing like living in Canada and the differences, while subtle, can be quite disturbing at times. People expect Canadians should be able to adapt and accommodate quickly because 'we are so much alike', but your first months here will prove to you how very, very different Canadian and American cultures are, and many won't understand that unless they have gone through it for themselves.
My husband also works long hours - out of the house from 6:30 am to 7 or 7:30 pm and often 'on call' overnight or on weekends when there is a deployment (software, not military). My first week here was basically on my own and fine,although I was nursing a sick cat who did not take the move very well. I was busy unpacking my belongings and getting settled in and taking care of the housework, cleaning and laundry since I was at home and my husband at work. It felt like a fair bargain - and it generally is, although while he generally gets weekends for himself, I never got a day off unless I didn't do something - so I started taking weekends off as well. So what if the dishes sit a day before being washed and so what if the house gets untidy. I'll deal with it on Monday. We will work on the yard together, or go out and do something together and just let the housework take care of itself. We share the cooking if we eat at home as he enjoys cooking too.
I really dislike housework as well, and there are things that annoy me. That is normal. There are things about me that annoy him too. For example, I was used to picking up after myself, of course, but it is different picking up after someone else - and my husband basically leaves everything where it drops - milk on the counter; shoes in the middle of the floor; empty envelopes and packages on the middle of the table; dishes by the sofa, books and magazines everywhere. At first I was really annoyed - and then realized that he is set enough in his ways and he isn't going to change. I could make myself unhappy and complain - or I could just do it and get it done. Of course, now he complains he can't find anything - but I have made myself indispensable - I know where it is .
You have been here for a month and you have been thrown head-first into a life style that really is alien to what you knew before - and is different that what you expected and were promisied. That is a big deal.It doesn't help that you are also being financially responsible for much of the household and all of the immigration expenses, and that does seem unbalanced. I can appreciate that you feel used - and I suspect, unappreciated for the sacrifices you have made by moving here. Many Americans don't understand that. I do think this is something that you need to discuss with your husband. He is breathing a sigh of relief that you are here picking up the slack and extra work that he used to have to do - but I doubt he has told you how important that is to him and how grateful he is. This is why you need to start talking with each other. You may want to see 'how permanent' is the current situation is with the child. If it is expected to change in a few months, then this is one of the compromises (and yes, you are making a lot) that comes with a relationship. If not, then you need to re-negotiate that 'condition'.
The first year of marriage is always the hardest. Throw in a complete change of environment, along with giving up everything that you have known and are familiar with, and it becomes very stressful. There is definitely a sense of loss when you move from an environment in which you were better off to one where things are not as good - and that is what has happened to you. The saving grace is supposed to be the mutual love and support you have with your husband, but you would be very unrealistic to expect that this will be enough to compensate. This is where the evolution of the relationship comes in. Hopefully your husband - who is also making adjustments - and you will be able to talk about each of your 'expectations'. It does sound like his expectations and yours are not quite on the same page. That is very common - and normal - in the first year of marriage, and is basically one of the concerns that gets discussed and 'negotiated' (yes, a relationship has to depend on negotiations with each partner looking at what the other needs as well as what they themselves need and want). I entered this relationship with what I thought were 'open eyes' but there is no way to prepare completely for such an absolute change in your life. Sometimes there are deal-breakers that can't be worked around, but you are the only one who will know that.
It is hard for many Americans to understand that life in the US is not always the be all and end all. I often think that those of us who come from first world countries and move to the US for the sake of our spouses often give up far more than many people realize. I know that in the Canada forum many of us have discussed a type of 'mourning' we go through for what we have lost, especially before we are able to appreciate fully what we are gaining in exchange. The love of a partner isn't always enough. You need to try and re-invent your life now, finding acceptable compromises and replacements for what you had in Canada and don't have here. You can't compare them one on one because they just don't line up that way. You won't find in the US what you had in Canada; you won't have the familiarity of the past upon which to build, but you may find lots of excellent opportunities for something totally different here in the US as you create a new life for yourself which may resemble the former but will not be the same. It is like having two separate lives in the same lifetime. It's not for everyone, but it can work if both partners are willing to work it out.
Good luck.

let's knock it off with the judgmental posts that can put the op on the defensive. thank you.

NO!!!!!!!!!!!
A K-1 visa is a Fiance(e) visa for getting married in the USA. You get married before arriving in the USA kiss the K-1 visa goodbye and be ready to start over for a IR/CR -1 visa. Tell her you CAN NOT marry before arriving in the USA. unless she is ready to wait another 6-8 months to a year before being together in the States.
And no you are not the first to have this VERY bad idea.

Blame it on all the fraud cases. If people didn't lie to obtain visitor visas, there wouldn't be a problem for genuine cases. Unfortunately, to keep the fraudsters out, some genuine cases are denied.

They don't use ANY income figures. Your income, his income, ALL income is totally irrelevant come ROC. He proved income for AOS and that carries over (even if he earns more or less). You include IRS transcripts simply to show that you filed joint (proof of relationship), the income don't matter.