Am I running too late?

[landerson1 0]

My fiance and I got married October 15th here in the states, he was here on a k-1 visa. His 90 days runs out on the 19th of november. I still havnt turned in the paperwork yet because were tryin to save up the money. I plan to mail out the AOS next week. Is he safe to stay here since were married or does the paperwork have to be in their hands in order for him to stay here. Can someone please explain the "rules" for me about this?

[Inky 1,110]

The only rule is to marry within the 90 days. You did that you are fine.

All you need to do is apply for AOS when you are ready/able to apply for it which is a good thing to do as soon as you can.

He does not have to leave and he should NOT be leaving anyways.

If he left the country he would not be allowed to re-enter until a spousal visa was filed for and stamped in his passport.

[joonphon 7]

I think he should be okay as long as he's not getting into any troubles w/ the law.

[landerson1 0]

WOW~ thanks for you input, it makes a lot of sense. What forms are required with the I-485 AND I-765? I keep feeling like I forgetting something :/

[Dave&Roza 748]

WOW~ thanks for you input, it makes a lot of sense. What forms are required with the I-485 AND I-765? I keep feeling like I forgetting something :/

You can also file the I-131 for AP so he can travel before receivng the GC. It is a freebe when filed with the I-485.

Good luck,

Dave

[Leatherneck 693]

WOW~ thanks for you input, it makes a lot of sense. What forms are required with the I-485 AND I-765? I keep feeling like I forgetting something :/

OP, read the guides to get you started.

http://www.visajourney.com/content/k1k3aos

Good luck.

[mar2011 1]

Hey, I'm in the same situation as you are. My i194 expired yesterday and we are just sending the papers next week. I was so worried about the deadline so I called the uscis to ask about the "rules". They said that the only rule was to get married within 90 days . We can file whenever we are ready. There is no exact time frame for it.

[Dave&Roza 748]

Hey, I'm in the same situation as you are. My i194 expired yesterday and we are just sending the papers next week. I was so worried about the deadline so I called the uscis to ask about the "rules". They said that the only rule was to get married within 90 days . We can file whenever we are ready. There is no exact time frame for it.

Well that might not be entirely true. There is a debate on VJ as to what you need to file if your AOS is not approved before being married for 2 or more years. Seems that the K-1 visa needs to get a 2 year condition GC, but if the beneficiary has been married to a USC for more than 2 years then they qualify for a 10 year GC, but might or might not be granted it because they are AOS from a K-1 visa which implies a 2 year GC. There are several threads on this subject, but my feeling is if you cannot file for AOS before your second wedding anniversary maybe you should not have gotten married, but that is MHO. There is the "threat" of being detained by CBP people and dragged in front of an immigration judge until you AOS, but that will result in the immigration judge telling ou to file for AOS ASAP. So it will be a hassle, but no deportation.

Dave

[Inky 1,110]

There is the "threat" of being detained by CBP people and dragged in front of an immigration judge until you AOS, but that will result in the immigration judge telling ou to file for AOS ASAP. So it will be a hassle, but no deportation.

Dave

Not CBP. It would be ICE detaining people who are here illegally and putting them before a judge.

[Dave&Roza 748]

Not CBP. It would be ICE detaining people who are here illegally and putting them before a judge.

Okay, but I was thinking of certain states where you see the CBP SUV driving around and they have the same flashing lights on them as state police cars and have been known to stop cars of people they think might be in this country illegally. They detain you while the correct authorities arrive to deal with you. At this point I don't think it matters what the TLA is on bullet proof vest that is holding you. If the OP is not near any of these states then this is not much of an issue, I just happen to live and visit such state regularly.

Dave

[ceadsearc 516]

Most likely, if someone who came here legally and is married to a USC is detained, they will be told to file for AOS ASAP. The chances of deportation are minimal. Nonetheless, the sooner one can file AOS the better since being out of status benefits no one.

OP, being out of status for a week or two is highly unlikely to cause any issues. But again, the sooner the better.

[Rebecca Jo 1,962]

Most likely, if someone who came here legally and is married to a USC is detained, they will be told to file for AOS ASAP. The chances of deportation are minimal. Nonetheless, the sooner one can file AOS the better since being out of status benefits no one.

OP, being out of status for a week or two is highly unlikely to cause any issues. But again, the sooner the better.

I'm always cracked up by the concept of being so in love with someone that you can't wait to get them to the US, but not having the money ready when they get here to keep them legally in status. And the concept that having a foreign born loved one detained but not deported is "minimal".

Aside from a near-death situation, I can't think of one good reason for the US citizen not to have money in the bank for AOS before their fiance gets here.

[ceadsearc 516]

I certainly don't think it's good planning, but it is what it is. I have no idea what the OP's situation is. Perhaps someone suddenly lost a job - we just don't know based off the information posted. Regardless, the chances of the immigrant being detained and deported in the 2 weeks or so between when the I-94 expires and when they are presumably filing is minimal.

[Rebecca Jo 1,962]

I certainly don't think it's good planning, but it is what it is. I have no idea what the OP's situation is. Perhaps someone suddenly lost a job - we just don't know based off the information posted. Regardless, the chances of the immigrant being detained and deported in the 2 weeks or so between when the I-94 expires and when they are presumably filing is minimal.

I don't know what the situation is for the OP either.

I imagine it's the same situation of many people. Poor planning.

My husband gave up all his friends and family, his career, his house and his country to come live in the US with me. I thought that was rather serious. So I had the money saved up and earmarked for his status adjustment. After all he did for me, I didn't think it was fair to have him in any kind of situation where he could be detained, no matter how minimal the odds might have been. It didn't strike me as the loving thing to do. And it still doesn't.

[Yagisama 93]

I'm always cracked up by the concept of being so in love with someone that you can't wait to get them to the US, but not having the money ready when they get here to keep them legally in status. And the concept that having a foreign born loved one detained but not deported is "minimal".

Aside from a near-death situation, I can't think of one good reason for the US citizen not to have money in the bank for AOS before their fiance gets here.

Ten visits to Tokyo in under 3 years including a visit to attend the K1 interview and then another visit to pick her up, not to mention paying all fees associated with the wedding ceremony, did it for me.

Of course in reality that only may have delayed our application by a week at most. Don't know why we waited 1.5 months after we got our marriage certificate to file for AOS. We probably would have had everything completed by now considering her POE was in June.