AOS

[Maire 1]

He should be fine since he did marry his ORIGINAL USC petitioner.

If he married within the 90 days, he'd adjust off his K-1 entry.

Now he will adjust as a spouse of a USC.

Plenty of cases right here on VJ to read about.

You can always consult with a lawyer to put your mind at ease.

Do NOT leave the country. There is no need to.

Thank you so much...your words put me at ease..I really dont have money for a lawyer....I just wanted to make sure because AOS is a lot of money too...And I need to be sure of what I am doing...I m sure if we get an interview the representative will understand...but what matters is that at the end we worked out our differences and he is getting used to this culture...I just want to have this all over with...gosh!

[Maire 1]

Thank you everyone for taking the time to respond...this is really important to us and I wanna do things the right way..Also thanks Otto for posting the link to the guide to follow....

[Deputy Purple 1,294]

Thank you so much...your words put me at ease..I really dont have money for a lawyer....I just wanted to make sure because AOS is a lot of money too...And I need to be sure of what I am doing...I m sure if we get an interview the representative will understand...but what matters is that at the end we worked out our differences and he is getting used to this culture...I just want to have this all over with...gosh!

@ Maire:

All I'm saying is get confirmation BEFORE you spend $1,365 ($1,010 for AOS & $355 for I-130) because once the checks are cashed the money is gone.

Most attorneys will give a free initial consultation over the phone so a simple call can tell you if it is feasible.

Re the Cubans can't get deported, I'm aware of the "Dry Feet" policy in Florida and have heard of the reluctance to deport Cubans to date BUT things can and do change. Even if he can't be deported today that doesn't mean they can't put restrictions on his presence such as having to report to an ICE Center monthly or some such thing until a point in time when that policy can be reversed.

I'm always of the mind that caution is best advised in things like this. At the end of the day our opinions won't effect your future, your actions now will.

@ Other Posters:

If you have links to other VJ Members who have been successful in AOS after failing to marry within the 90 day time-frame on a K-1 please post those links as much for the OP as to enlighten other VJ members on this.

[Maire 1]

@ Maire:

All I'm saying is get confirmation BEFORE you spend $1,365 ($1,010 for AOS & $355 for I-130) because once the checks are cashed the money is gone.

Most attorneys will give a free initial consultation over the phone so a simple call can tell you if it is feasible.

Re the Cubans can't get deported, I'm aware of the "Dry Feet" policy in Florida and have heard of the reluctance to deport Cubans to date BUT things can and do change. Even if he can't be deported today that doesn't mean they can't put restrictions on his presence such as having to report to an ICE Center monthly or some such thing until a point in time when that policy can be reversed.

I'm always of the mind that caution is best advised in things like this. At the end of the day our opinions won't effect your future, your actions now will.

@ Other Posters:

If you have links to other VJ Members who have been successful in AOS after failing to marry within the 90 day time-frame on a K-1 please post those links as much for the OP as to enlighten other VJ members on this.

Thank you so much....I completely understand where you are coming from...I just hate the idea of having to start all over when we are finally adapted to each other and happily in love..On the other hand....that is a great idea!!!!!!!Bob 4 Anna...it would be sooooo helpful if anyone knows of someone in my same situacion that was successful!!kudos!

[Maire 1]

LInk

I googled and found that one...I wonder how that went...

If I follow the 131 guidelines...do u guys think I should send a letter explaining why I didnt marry within the 90 days?

[payxibka 10,048]

LInk

I googled and found that one...I wonder how that went...

If I follow the 131 guidelines...do u guys think I should send a letter explaining why I didnt marry within the 90 days?

No explanation is needed as marriage prior to the 90 days is not a requirement for the I-131. What is required for the I-131 is the submission of the I-485

[Deputy Purple 1,294]

LInk

I googled and found that one...I wonder how that went...

If I follow the 131 guidelines...do u guys think I should send a letter explaining why I didnt marry within the 90 days?

The I-131 Advanced Parole is useless to you as it only works if you're already filed for AOS and haven't gone out of status.

From a link in that OP's one other thread: K1 Visa Process

Third 'paragraph' under "After Arriving in the US"...

This seems to support that it's okay to marry after the 90 days.

This is just another Visa forum though, still think a consultation (even if it cost up to $100) would be worthwhile.

Sounds like the AOS would be helped with an explanation of why the marriage was delayed.

[Maire 1]

The I-131 Advanced Parole is useless to you as it only works if you're already filed for AOS and haven't gone out of status.

From a link in that OP's one other thread: K1 Visa Process

Third 'paragraph' under "After Arriving in the US"...

This seems to support that it's okay to marry after the 90 days.

This is just another Visa forum though, still think a consultation (even if it cost up to $100) would be worthwhile.

Sounds like the AOS would be helped with an explanation of why the marriage was delayed.

SRY I Meant I-130...

i get confused with so many numbers

[Brother Hesekiel 2,236]

Now I'm getting confused.

Exactly such a situation we discussed just a few days ago, where the K-1 didn't marry within the 90-day time frame. She overstayed and married another USC and it was clearly said she had to leave the country and could not adjust status based on now being the spouse of a USC.

Here is such a situation, where the K-1 didn't marry within the 90-day time frame. He overstayed and married a USC and now you guys are saying he can adjust status from within?

For that very reason I brought this up (Kathrin may remember, as she suggested for the couple to get used to the idea that they will have to live in another country), yet here we go once again, with a different take.

The requirement of the K-1 is to get married to the petitioning spouse within 90 days. If the marriage happens on day 91, the requirement has not been met. As the spouse of a USC, the K-1 can still file for AOS. Yet, what's the difference here on whether the "not-in-compliance" K-1 marries the petitioning spouse or another USC, as the AOS process is a completely new process anyway and both entered the country with the same visa and both did fail to adhere to the requirements of it?

[Maire 1]

The I-131 Advanced Parole is useless to you as it only works if you're already filed for AOS and haven't gone out of status.

From a link in that OP's one other thread: K1 Visa Process

Third 'paragraph' under "After Arriving in the US"...

This seems to support that it's okay to marry after the 90 days.

This is just another Visa forum though, still think a consultation (even if it cost up to $100) would be worthwhile.

Sounds like the AOS would be helped with an explanation of why the marriage was delayed.

I see...on that site...it says "if you are late by 6 months or more you could be subject to 3 years bars"...what does this mean? 6 months from when? from when he entered? or from when we were suppose to marry..he arrived october 21 and the last day to marry was jan 19th and we got married April 9th...

[Maire 1]

Now I'm getting confused.

Exactly such a situation we discussed just a few days ago, where the K-1 didn't marry within the 90-day time frame. She overstayed and married another USC and it was clearly said she had to leave the country and could not adjust status based on now being the spouse of a USC.

Here is such a situation, where the K-1 didn't marry within the 90-day time frame. He overstayed and married a USC and now you guys are saying he can adjust status from within?

For that very reason I brought this up (Kathrin may remember, as she suggested for the couple to get used to the idea that they will have to live in another country), yet here we go once again, with a different take.

The requirement of the K-1 is to get married to the petitioning spouse within 90 days. If the marriage happens on day 91, the requirement has not been met. As the spouse of a USC, the K-1 can still file for AOS. Yet, what's the difference here on whether the "not-in-compliance" K-1 marries the petitioning spouse or another USC, as the AOS process is a completely new process anyway and both entered the country with the same visa and both did fail to adhere to the requirements of it?

huh?

I am the petitioner...but we just married after the 90 days because we were having relationship issues...

Edited April 14, 2010 by Maire

[sachinky 465]

Bob--In that previous case that you just mentioned, the OP had married ANOTHER USC, that is, someone who was NOT her original petitioner. That too with significant overstay.

In that case, yes, she'd have to leave and file for a CR-1. Which wasn't possible as her overstay would result in a 3 year ban for her.

In this case however, the OP's fiance who entered on a K-1 DID end up marrying his ORIGINAL USC petitioner which makes him eligible for AOS as an immediate relative of a USC. He just didn't do it in 90 days so now he can't adjust his status off his K-1. He requires the extra $355 for the I-130.

[Maire 1]

huh?

I am the petitioner...but we just married after the 90 days because we were having relationship issues...

OK...next door to my job theres an inmigration lawyer and the 20 first minutes are free...so iam gonna go over now and see if he is able to answer this question....

[Maire 1]

OK...next door to my job theres an inmigration lawyer and the 20 first minutes are free...so iam gonna go over now and see if he is able to answer this question....

OK I just got back from the attorneys office....the attorney is not the one that provides the free consultation, if not the paralegal. I dont even know what to believe or if she is right. I spoke to her and she said that I cant apply thru I-130 if not thru K1 because thats how he entered and I would just have to explain at the interview the reason why we didnt married before the 90 days...they can do all the paperwork for me for $1600 and attorney representation at the interview for $750...plus of course $ 1010 for inmigration...What do u guys think?Now I am even more confused...does it make any sense?

[VanessaTony 3,567]

Okay. I think this is getting confusing so I'll try and explain it...

---

The only "limitation" of the K1 visa is you must marry your original USC petitioner. That's it.

HOWEVER, in order to adjust status to an LPR (which is the whole point of the visa) the requirement (AOS requirement, not K1 requirement) is then that you must marry to USC petitioner within 90 days of your arrival. This 90 day requirement isn't a K1 requirement, it's an AOS requirement FROM the K1. When AOSing I tick the box "K1 married in 90 days", if I didn't marry in the 90 days then I must tick the "marriage to USC" as my "eligibility". When entering that I arrived as a K1, they will confirm that the person I married is the same as the USC that petitioned me. If it's not, I get denied, if it IS, I am allowed to proceed with the rest of the AOS process.

It is well known amongst K1's that if we DO NOT MARRY the original USC petitioner then we MUST leave the US. If we want to marry someone else we can, we just can't stay in the US, we'd have to leave and apply for a CR-1 visa. The K1 prohibits AOS from marriage to a USC unless it is the original USC.

It is less well known, but still the truth, that as long as the K1 marries the original USC petitioner, if it's done after the 90 days, then s/he can AOS as the spouse of a USC, meaning filing the I-130 as well and extra fees involved.

The K1 by marrying the original USC petitioner has fulfilled the limitation/requirement of the visa, they just didn't fulfil the requirement for AOSing from the K1, so now they must AOS from marriage to USC spouse.

Make sense?