Marriage and AOS, But AFTER the 90days..........

[BenjAshley 7]

Ok, so i know this isnt ideal, nor right really after all we all go through. But due to cold feet/uncertainties over marriage i need to ask this question.

What happens if we did not marry within the 90 days, could we still marry a couple months after, obviously if i didnt leave the USA?

Ive read about filing the I-130 along with I-485 to enable this to happen. Is this true??

What problems may it cause in the future, if any?

Thank you for all your help in advance...

Im just considering every angle at the minute.

Ben

[san diego 407]

As far as I know you can do this. The moment I94 expires you are out of status. If you get married (just MAKE SURE THAT IN THIS CASE YOU DO GET MARRIED), you will get automatic ban followed by automatic forgiveness as spouse of US citizen. Basically, you should be OK if got married but will be out of status.

[BenjAshley 7]

I met a guy one night when i was in Dallas and he had entered on a year long work visa which expired, and then he married and filed for adjustment....

im assuming this is the same as what i am proposing i may do?

[Harpa Timsah 13,258]

You would need to file a I-130/I-485 concurrently, because you would not be able to adjust based off of your approved I-129F because you would not have abided by the rules of that visa. You would pay $420 extra plus the costs of a full medical compared to AOSing off of your K-1 visa. You would also have a mandatory interview.

Edited July 11, 2011 by Harpa Timsah

[BenjAshley 7]

Ok thanks.

So assuming AOS would be sucessful, what/if any problems may i come across when i remove conditions or later on?

Im not even considering doing this, i just want to say to ashley that the 90 days isnt the final line, in the hope it removes the pressure of marriage.

[san diego 407]

Removing conditions - none.

[BenjAshley 7]

A mandatory interview? What do you think may be asked in ths?

[Messybrownhair 251]

Think about it well, the extra 600-700 usd really isn't worth it! Civil surgeons charge ridiculous amounts for full medicals! I wish you well..

[BenjAshley 7]

Thank you!!

The money isnt really an issue. Not totally rushing into a pressured marriage (pressured by the system, not each other) and being happy long tem is more important.

Perhaps we were to keen to apply for the visa, but we have, and im just exploring all the avenues right now. I would think what i will more likely do is go over for 90days and if its not right and ready ill leave and come back to the UK and hopefully apply again in the future.

[san diego 407]

In general, I would not recommend it. Especially considering 'uncertainties about marriage'.. If you do not get married and overstayed you will be in trouble and will be banned for a long time. If you do get married anyway in this case this is not worth it. In any case I would not do it. It is legal but just pain in the butt. I think there is enough pain as is and there is no point in creating more.

[BenjAshley 7]

OOK, so in general, the over stay is just not worth it. This is what i think also.

Im sure all will be fine and we will be married as planned within the 90 days. But i like to educate myself on every aspect.

Thanks

[Deputy Purple 1,294]

Your question is basically: What are the pitfalls of not Marrying within 90 days of entry on a K-1 Visa, right?

Once she becomes out of status she is deport-able. Since she isn't married to you yet she doesn't have an immediate path to AOS so if she comes to CBP's attention they will detain her and removal proceedings will be initiated.

If you marry her after removal proceedings have been started the Immigration Judge will have to assume that the marriage is simply to circumvent the Removal Proceedings (Immigration Fraud) and you will have to prove otherwise.

That's the worst case scenario for her.

If none of that happens and you marry after say 5 months then you would have to file I-130 with the I-485 as she can no longer adjust status based on the I-129f although she is still bound to only being able to adjust status based on marriage to you (the petitioner for the I-129f that granted her a K-1 Visa). There will be extra expense and possibly scrutiny involved at interview time but no real problems other than that.

[BenjAshley 7]

Thank you for your reply, i am actually the UK citizen who will be moving.

So can CBP hunt you down and remove you? Is that likely?

This really isnt an option whatsoever in my eyes, but like i say, im just considering and educating myslf on every angle.

[ryna 132]

Thank you!!

The money isnt really an issue. Not totally rushing into a pressured marriage (pressured by the system, not each other) and being happy long tem is more important.

Perhaps we were to keen to apply for the visa, but we have, and im just exploring all the avenues right now. I would think what i will more likely do is go over for 90days and if its not right and ready ill leave and come back to the UK and hopefully apply again in the future.

If your main concern is that you/she may not be ready within those 90 days, you need to remember that you have 6 months after the visa is approved to enter the U.S. Personally, I wouldn't POE until you are both sure of what you want...

Edited July 11, 2011 by ryna

[Deputy Purple 1,294]

Thank you for your reply, i am actually the UK citizen who will be moving.

So can CBP hunt you down and remove you? Is that likely?

This really isnt an option whatsoever in my eyes, but like i say, im just considering and educating myslf on every angle.

CBP hunt you down, unlikely. If you are within 100 miles of the US border with Mexico then you may be stopped or go through a CBP Checkpoint and at that time your status could be questioned.

I did forget the possibility that USCIS could initial removal proceedings after you I-94 expires if you haven't file AOS. I've seen a few examples where they did that but if I remember correctly it was usually where the alien had used a round trip ticket to get to the US.