Married outside 90 days

[Gary and Alla 3,694]

Due to circumstances way beyond our control it happened..and to make matters worse the visa expired 7/14/08 and the marriage took place on 8/5/08.

I know what has to be done for the AOS.....but money is extremely tight at the moment, so filing the AOS won't happen any time soon.

Here is my dilemma...I live on the east coast and my employer is sending me to Hawaii for a month and I want to take my asawa. My concern is travel. Although it is within the US, if I show her passport and marrage cert to airport security will I risk an immigration problem and her possible detention or deportation?

I tried to get a state non-driving ID but they won't issue one in her current status, because the marrage took place, she is technically out of K-1 status.

Other than what I should have done, Any thoughts would be appreciated.

K-1 visas do not expire, they are CANCELLED on arrival. Her I-94 is expired. Which may seem to be nit-picking but it is all in the instructions as well as getting married within 90 days.

One day, the government will make people deposit the AOS fee in advance for those that can't or don't read instructions. Then if you decide not to get married, return the fee despoited after proof the intended fiance has left the country. You filed an affidavit saying you can support your fiancee but cannot afford the AOS fee. This should be considered fraud.

Tha said, now you get to file an I-130 and request a an adjustment that way. I am trying imagine events "beyond your control" that would have prevented you from having a 15 minute marriage ceremony at the local courthous during the 90 day period. Wow.

And No, I am not a "God on High" but anyone that doesn't follow the terms they agreed to and cannot find 15 minutes in 90 days to get married needs to have a little chastising because if he couldn't handle the relatively easy process up 'til now how is he going to handle the considerably more difficult situation he has created.

Had I done this, my wife would be long gone, she would have judged me WAY to dumb, not to mention absolutley un-caring of her situation. How self centered would one have to be not to care about this for his wife (well, in this case fiancee)? Should have been priority one. Now it STILL isn't, I see priority one is getting her on an airplane to accompany you on a business trip...sheesh

Look...Reach down, grab your head and forcibly PULL it out of your ....... Then get busy filing the I-130 and I would not be flying around flashing out of date I-94s as Identification.

[Krikit 1,164]

My concern is travel. Although it is within the US, if I show her passport and marrage cert to airport security will I risk an immigration problem and her possible detention or deportation?

Your answer is yes.... you will risk an immigration problem. Well, as much as you can risk an immigration problem even more than you already have.

I am moving this thread out of the PI forum as it's not really a PI-specific topic. Probably to the Travelling Prior to a Greencard forum since travel is your major concern. Though it shouldn't be.

[TayRivers 4]

Use the money you were going to spend on her trip with you, to pay for the I-130 and AOS, and if you file for the EAD along with the AOS there is no charge. so yes she could get a job once she gets the EAD and help with financial mess you have found yourself in.

[DanielParul 50]

Life's not fair, my friend.....she and I are very happy and do everything together......I'm not going to allow a minor government obstacle get in the way....that would be unfair

You might be surprised at how much trouble you are getting your 'loved' wife into because of your attitude towards the AOS. Think again - She is out of status and illegal for now. No state ID and no marriage certificate is her safe guard. Your only priority should be filing for her AOS. Don't be an a$$ to people who are giving you the correct picture of what can happen. After all, we are not the ones who will be in a lot of sh!t if she gets in trouble (maybe you don't care about it and are only concerned about your present happy times). That is how life is not fair and the Government will not care.

[meauxna 15]

Tread lightly, is all I am saying,

Are you threatening me? Tread lightly or what?

You are the person who jumped on to the thread and confidently told him to do *exactly* the wrong thing, that would have spearated him from his spouse for potentially over a year.

I *know* where I can find a citation to back up my answer, how about you?

Tread lightly.

that's probably because most of the people in this regional forum weren't here back in the stone age. meauxna is a vj treasure - you might note her join date too.

We are all learning here, including the ones that think they know it all.

You've got some passive/agressive issues Mister Bill, in my not a psychotherapist opinion. If you have something to say to me, I request that you say it directly to me in PM or email and try to be articulate.

You're acting like some kind of four year old who had his binky finally taken away. And I didn't even doooooo anything.

Is this how you would address anyone who had accumulated several years' worth of experience on a topic? Want to talk about growing tomatoes instead? (I grow a mean tomato).

#######, you're putting me down for accumulating knowledge on a subject that some people want to know about? Do you realize what that reads like?

as vj started in 03, there's just a few of those around. 04 is a bit rare too.

C'mon dude! The REAL stone age, like the place VJ got it's starter material from. Oh yes I was!

(and like this is my first username here, you know me better than that!)

Look...Reach down, grab your head and forcibly PULL it out of your ....... Then get busy filing the I-130 and I would not be flying around flashing out of date I-94s as Identification.

Gary, the whole thing, best post EVAH (that I've read) from you.

VJ. Sheesh.

[Old Dominion 26]

Best solution is to file for the AOS immediately. Borrow the fee, if necessary. Otherwise, the consequences can be very serious to both of you.

[I'm Gone 60]

that's probably because most of the people in this regional forum are noobs. meauxna is a vj treasure - you might note her join date too.

July 04 Rookie LOL

[rebeccajo 14]

that's probably because most of the people in this regional forum are noobs. meauxna is a vj treasure - you might note her join date too.

July 04 Rookie LOL

You people need to get the h e l l out of here and stop teaching people a thing or two.......................

[maggie wilk 0]

"If you were married within 90-day period after arriving at the POE, there is no time limit when to file for AOS."<---IS THAT TURE???

[maggie wilk 0]

If you were married within 90-day period after arriving at the POE, there is no time limit when to file for AOS.

IS THAT TURE???NO TIME LIMIT FOR FILE FOR AOS???

[TBoneTX 45,304]

IS THAT TURE???NO TIME LIMIT FOR FILE FOR AOS???

If you want to risk deportation, being unable to re-enter the U.S. if you leave the U.S., and many other daily and lifelong inabilities to function, then believe that it is "ture" that there is no time limit to file for AOS. Have you not been reading (understanding) this thread and all of the others like it, or is inoculation against optical rectitis necessary for some posters here? Si, man?

[DaSweetSpot 0]

K-1 visas do not expire, they are CANCELLED on arrival. Her I-94 is expired. Which may seem to be nit-picking but it is all in the instructions as well as getting married within 90 days.

One day, the government will make people deposit the AOS fee in advance for those that can't or don't read instructions. Then if you decide not to get married, return the fee despoited after proof the intended fiance has left the country. You filed an affidavit saying you can support your fiancee but cannot afford the AOS fee. This should be considered fraud.

Tha said, now you get to file an I-130 and request a an adjustment that way. I am trying imagine events "beyond your control" that would have prevented you from having a 15 minute marriage ceremony at the local courthous during the 90 day period. Wow.

And No, I am not a "God on High" but anyone that doesn't follow the terms they agreed to and cannot find 15 minutes in 90 days to get married needs to have a little chastising because if he couldn't handle the relatively easy process up 'til now how is he going to handle the considerably more difficult situation he has created.

Had I done this, my wife would be long gone, she would have judged me WAY to dumb, not to mention absolutley un-caring of her situation. How self centered would one have to be not to care about this for his wife (well, in this case fiancee)? Should have been priority one. Now it STILL isn't, I see priority one is getting her on an airplane to accompany you on a business trip...sheesh

Look...Reach down, grab your head and forcibly PULL it out of your ....... Then get busy filing the I-130 and I would not be flying around flashing out of date I-94s as Identification.

A well written reply if you were wishing to fuel the lynch mob mentality of the peanut gallery, less well written if you were privileged to the facts which caused the delay, information purposely omitted since at the time, I believed immaterial.

I’ll provide a short reply to your self-aggrandizing. For my own amusement, I’ll toss some peanuts to the rest of the gallery so they may see a pompous buffoon remove the foot from his mouth, which naturally takes place after leading with your chin when one makes condescending assumptions.

I will concur that under foreseeable circumstances we adhere to the K-1 requirements.

Briefly:

Prior to my wife’s arrival, my son-in-law passed away at the age of 28. My 25 year old daughter discovered the body in their home. Subsequently and within days of my fiancée arrival, my daughter attempted suicide on two separate occasions. The second attempt a few weeks after the first, a combination of prescription drugs and self mutilation, resulting in confinement to rehab and a diagnosis of Post Traumatic Stress Disorder

I knew she did not have a drug addiction and rehab was not the place for her. I also knew she required confinement with round the clock care and counseling for PTSD. Without it, I will lose my daughter. However, treatment for mental health in my state is only done as an out-patient.

At considerable financial expense and time, I did find a facility in FL. It was at this point, with my daughter’s safety assured; I invested the 15 minutes to get married and then unceremoniously lost my job, as many in the financial industry have.

In conclusion, my daughter is doing great and I’m back to work. Of course this is well documented for any bureaucrat needle ####### to peruse as well as those who fill in the blanks with imprudent and ignorant replies.

[af_phils 0]

... Of course this is well documented for any bureaucrat needle ####### to peruse as well as those who fill in the blanks with imprudent and ignorant replies.

Have you considered what will happen to your wife if something were to happen to YOU and she has not adjusted status?

I'm sure many here are sympathetic to your situatuion, however, the question is will an immigration official feel the same. My guess is that you will be forced into defense mode, which ultimately means lots more money than the original aos fee.

I sure hope you're keeping your wife in the loop and is well aware of her current status and possible consequences. It would be interesting to know what her thoughts are on the matter.

[Aubrey 10]

K-1 visas do not expire, they are CANCELLED on arrival. Her I-94 is expired. Which may seem to be nit-picking but it is all in the instructions as well as getting married within 90 days.

One day, the government will make people deposit the AOS fee in advance for those that can't or don't read instructions. Then if you decide not to get married, return the fee despoited after proof the intended fiance has left the country. You filed an affidavit saying you can support your fiancee but cannot afford the AOS fee. This should be considered fraud.

Tha said, now you get to file an I-130 and request a an adjustment that way. I am trying imagine events "beyond your control" that would have prevented you from having a 15 minute marriage ceremony at the local courthous during the 90 day period. Wow.

And No, I am not a "God on High" but anyone that doesn't follow the terms they agreed to and cannot find 15 minutes in 90 days to get married needs to have a little chastising because if he couldn't handle the relatively easy process up 'til now how is he going to handle the considerably more difficult situation he has created.

Had I done this, my wife would be long gone, she would have judged me WAY to dumb, not to mention absolutley un-caring of her situation. How self centered would one have to be not to care about this for his wife (well, in this case fiancee)? Should have been priority one. Now it STILL isn't, I see priority one is getting her on an airplane to accompany you on a business trip...sheesh

Look...Reach down, grab your head and forcibly PULL it out of your ....... Then get busy filing the I-130 and I would not be flying around flashing out of date I-94s as Identification.

A well written reply if you were wishing to fuel the lynch mob mentality of the peanut gallery, less well written if you were privileged to the facts which caused the delay, information purposely omitted since at the time, I believed immaterial.

I’ll provide a short reply to your self-aggrandizing. For my own amusement, I’ll toss some peanuts to the rest of the gallery so they may see a pompous buffoon remove the foot from his mouth, which naturally takes place after leading with your chin when one makes condescending assumptions.

I will concur that under foreseeable circumstances we adhere to the K-1 requirements.

Briefly:

Prior to my wife’s arrival, my son-in-law passed away at the age of 28. My 25 year old daughter discovered the body in their home. Subsequently and within days of my fiancée arrival, my daughter attempted suicide on two separate occasions. The second attempt a few weeks after the first, a combination of prescription drugs and self mutilation, resulting in confinement to rehab and a diagnosis of Post Traumatic Stress Disorder

I knew she did not have a drug addiction and rehab was not the place for her. I also knew she required confinement with round the clock care and counseling for PTSD. Without it, I will lose my daughter. However, treatment for mental health in my state is only done as an out-patient.

At considerable financial expense and time, I did find a facility in FL. It was at this point, with my daughter’s safety assured; I invested the 15 minutes to get married and then unceremoniously lost my job, as many in the financial industry have.

In conclusion, my daughter is doing great and I’m back to work. Of course this is well documented for any bureaucrat needle ####### to peruse as well as those who fill in the blanks with imprudent and ignorant replies.

Yes, the circumstances were terrible. You and your spouse did, however, read the part of your K-1 documents that you signed about agreeing to marry within the 90 days. Given that, I wouldn't assume that a USCIS officer or Homeland Security will be lenient with her regarding deportation should she be caught out of status. For her own well-being, I'd recommend you file immediately and have her avoid all travel. If you are even NEAR a border, your status can be checked; this includes overseas flights within the U.S.

Personally, I would be seeking an immigration attorney since you did not follow the requirements of the K-1. The idea of being separated from your spouse now, to some, seems ridiculous, but they do have K-3 and CR-1 for a reason. Try not to get defensive about the advice you're given; most of us are just trying for legit couples to be and stay together.

[baron555 934]

Sorry for your problem and yes you must help family members.

I agree it is immigration attorney time since you have gotten your wife into serious trouble.

Yes, there is a time limit for AOSing after a K-1 marriage, it is called ASAP. Once the 90 days is up, your wife is now out of status. If you can show you filed for the AOS before and just a few days after the 90 days, then all will be forgiven. But....to file after a year, she is in possible trouble of incurring the 3 year ban.

If you can't afford the attorney and to AOS at this time, then you have three paths as I see it.

1. She is always illegal and risks deportation and possible ban for life. Think about moving tothe Phils.

2. You try to AOS her when you can and have a nice sob story ready and show your financial deliquency and have a cosponsor ready and pray she is not deported and allowed to remain.

3. She leaves now as to voluntarily deport (and incur more ban) and stays away for the three year and then you refile for a K-3 or CR-1 petition when you have the proper funds available to follow the process through to the end.

In life, one makes choices and sleeps in the bed they make.