AOS after K1

[Leo&Farah 0]

Hi, I've gotten some mixed replies on this and I'm really confused. While I am aware it is advisable to adjust ASAP, sometimes, things don't work as planned and can't be done in a timely manner. Speaking financially of course.

What I am concerned about is, I heard about this 180 day rule starting from POE that if AOS is done AFTER this much time has passed (180 days), there is a 3 year ban upon re-entry into the states even if you have AP or your GC in hand. Is this true?

What is the point of having AP and a GC if they just ban you anyway?

Can someone please clarify?

[Anh map 2,098]

Advance Parole is used while AOS is being processed.

Adjustment of Status is how the Green Card is obtained.

[edp333 9]

Not true. The USCIS normally forgives K visa overstays when Adjusting Status. Now, if your beneficiary encounters BDP or ICE while out of status then deportation may begin.

[Leo&Farah 0]

What is BDP and ICE?

[Leo&Farah 0]

Advance Parole is used while AOS is being processed.

Adjustment of Status is how the Green Card is obtained.

I am aware of this. Maybe my question was not clear.

Do you get a 3 year ban if you adjust status after a K1, 180 days after entry into the US? I remembering someone mentioning it on VJ before. The instance I am talking about is if we adjust 180 days after first entry into the US, get either AP or GC later, leave the US and re-enter: can a 3 year ban take place upon trying to re-enter then?

An overstay of 180 days to 12months is an automatic 3 year ban. An overstay of more than a year is an automatic 10 year ban.

[belinda63 3,038]

With the AP don't leave the US as you are not a resident and the ban could kick in. When u receive your green card you will be OK, the overstay at that point is forgive.

[N M 96]

Hi, I've gotten some mixed replies on this and I'm really confused. While I am aware it is advisable to adjust ASAP, sometimes, things don't work as planned and can't be done in a timely manner. Speaking financially of course.

What I am concerned about is, I heard about this 180 day rule starting from POE that if AOS is done AFTER this much time has passed (180 days), there is a 3 year ban upon re-entry into the states even if you have AP or your GC in hand. Is this true?

What is the point of having AP and a GC if they just ban you anyway?

Can someone please clarify?

Why are you even contemplating filing for AOS so late? You are obliged to do so within 90 days of entering on a K1 - never mind future travel bans, why risk the possibility of making your AOS more of a hassle than it needs to be?

You mention finances, but can you not borrow the $1,010? Or even save like a demon - if your spouse entered on 6 November, you still have almost two months to save up the fee and file.

And of course the earlier you file, the earlier your spouse can get an EAD and work - would seem useful if finances are tight?

[Anh map 2,098]

Advance Parole is used while AOS is being processed.

Adjustment of Status is how the Green Card is obtained.

I am aware of this. Maybe my question was not clear.

Do you get a 3 year ban if you adjust status after a K1, 180 days after entry into the US? I remembering someone mentioning it on VJ before. The instance I am talking about is if we adjust 180 days after first entry into the US, get either AP or GC later, leave the US and re-enter: can a 3 year ban take place upon trying to re-enter then?

An overstay of 180 days to 12months is an automatic 3 year ban. An overstay of more than a year is an automatic 10 year ban.

The overstay days don't start accruing until the I-94 expires, not entry into the US.

Overstay is typically forgiven. So filing for AOS after her I-94 expires doesn't mean there will be any penalty. And once she has the valid AP or GC she will be able to reenter the US regardless of any overstay that may have occured.

However, if she were out of status and came to the attention of CBP (Customs and Border Patrol) or ICE (Immigration and Customs Enforcement) then deportation proceedings could be initiated.

If going to work is important then you would want to apply for the EAD as soon as you can. Being an LPR in many cases is needed for enrolling in many colleges/universities.

My advice is to make filing the AOS a top priority. It makes life much easier (and safer from an immigration perspective) for your new spouse.

[Otto 83]

I am aware of this. Maybe my question was not clear.

Do you get a 3 year ban if you adjust status after a K1, 180 days after entry into the US? I remembering someone mentioning it on VJ before. The instance I am talking about is if we adjust 180 days after first entry into the US, get either AP or GC later, leave the US and re-enter: can a 3 year ban take place upon trying to re-enter then?

In my opinion, forget about AP. Not something you particularly want to use unless you absolutely have to and certainly not if you've got any recent/past immigration issues. (You'll see advisories to the effect of "If you are currently on, or have had past issues with, overstays or similar immigration-related problems; Do not travel (international) with AP because you could have issues.) And besides - you can't get AP if you have no pending AOS case and if you do, just wait a bit longer and get the PR/Green Card.

When you've adjusted status to a Permanent Resident (green card in hand) you should not have problems re-entering the US. (They're not going to ban you upon the next re-entry while holding a valid ID and PR/Green Card.)

Best advice - file AOS as soon as possible - do what ever it takes to sacrifice to get the money together (borrow if you have to) - the sooner you do, the sooner you can put USCIS behind you for a while and the sooner your then spouse can enjoy the benefits/privileges of being a permanent resident (work, drive, go to school, travel, etc). In my opinion, it is mission-critical to having a normal life.

[TBoneTX 45,266]

Why are you even contemplating filing for AOS so late? You are obliged to do so within 90 days of entering on a K1

The petitioner & the K-1 beneficiary are obliged to marry within 90 days of the beneficiary's entry.

[Chica Yeyé 41]

Why are you even contemplating filing for AOS so late? You are obliged to do so within 90 days of entering on a K1 - never mind future travel bans, why risk the possibility of making your AOS more of a hassle than it needs to be?

You mention finances, but can you not borrow the $1,010? Or even save like a demon - if your spouse entered on 6 November, you still have almost two months to save up the fee and file.

And of course the earlier you file, the earlier your spouse can get an EAD and work - would seem useful if finances are tight?

Please refrain from giving advise if you are not certain of it - and from giving relationship advise the OP did not ask for. This is completely untrue. the terms of a K-1 require marriage within 90 days, but there is not a timeline -in a proper sense- for AOS filing. it is recommended to do it as soon as possible, but as long as the K-1 now spouse does not leave the country and remains married, they can take as much time as they need to Adjust Status.

[sachinky 465]

Filing for AOS is reccommnended ASAP.

[baron555 934]

Advance Parole is used while AOS is being processed.

Adjustment of Status is how the Green Card is obtained.

I am aware of this. Maybe my question was not clear.

Do you get a 3 year ban if you adjust status after a K1, 180 days after entry into the US? I remembering someone mentioning it on VJ before. The instance I am talking about is if we adjust 180 days after first entry into the US, get either AP or GC later, leave the US and re-enter: can a 3 year ban take place upon trying to re-enter then?

An overstay of 180 days to 12months is an automatic 3 year ban. An overstay of more than a year is an automatic 10 year ban.

IF you are denied the GC at the AOS interview, then the bans kick in automatically. IF you are granted the GC at the AOS interview, then all overstays are forgiven. Understand?

The longer you wait the more 'splaining you will have to make (possibly) at the interview. If, as you state, there were legitimate financial reasons for delaying, then you ought to mention these and offer what is different now that you have sent in the petition.

[john_and_marlene 162]

Overstay is typically forgiven. So filing for AOS after her I-94 expires doesn't mean there will be any penalty. And once she has the valid AP or GC she will be able to reenter the US regardless of any overstay that may have occured.

Not true. If they have been out of status for 180+ days prior to filing for adjustment, an AP will not protect them from a reentry ban. The adjustment filing will stop them from accruing additional overstay days, but will not erase the existing overstay until the adjustment has been completed.

[Leo&Farah 0]

Thanks for the answers.

So from what I understand so far, overstay is forgiven once a GC is hand and the 180-day-3-year-ban thing will not affect re-entry with a GC in hand.

However, there will be problems if an AP is used instead while the process is ongoing.

For some reason, I got it in my head that the 180-day-3-year-ban thing also affected a GC card holder regardless of permanent residence.

For the record, AOS is our TOP priority and any delay is not through indifference or lack of knowledge as to its importance. There is no need to spill our personal financial problems here to justify it. Suffice to say, we are doing all we can but wanted to know the law for peace of mind in the worst case scenario, if it happens. Thank you to those that addressed my questions as to the law behind this.