Obliged to leave the US after 90 days?

[didopage 337]

Hi everybody,

My fiance and I sent our package a week ago and few questions come to my mind... Will I be obliged to leave the US after the 90 days of the K1 visa? Knowing that we plan to marry early and file for AOS and work authorization as quick as possible. I read it helps to remain legal but I also read in the pdf "I am a nonimmigrant... How do I extend my nonimmigrant stay in the US" from USCIS that K1 holder are not eligible to extend their stay in the country and must depart on or before 90 days.

Does anyone can explain me how it works?

Thanks!

[Misha & Ira 113]

You would only be obliged to leave if you do not marry within the 90 days. Once you are married, you will be able to stay and go through the AOS process.

[Casprd 167]

You don't extend your non-immigrant stay in the US. Basically the K-1 visa dies the minute you pass the POE as it authorizes you for entering the US only. Not staying. From that point you have a valid 90 days to get married to the K-1 petitioner only. As long as you are married within that 90 days you are ok. when the 90 days ends you will be out of status but there is no issue or penalty for that. you don't even have to file for the AOS right away, but if you can afford to then it makes sense to file AOS as soon as possible to get the ball rolling.

[Shanh 2]

I think you might have misunderstood

The K1 visa grants you entry to the US as a non immigrant indeed, the visa is void as soon as you enter the US.

But the procedure also grants you the possibility to adjust your status to become a lawful permanent resident (conditional) after marrying your fiance.

As you are already planning to get married early and file everything within the 90 days after your arrival, you will be in compliance with the rules and do not have to worry about having to leave.

There are a few guides here on VJ that should help you clarify things

[missicy 87]

If you marry within 90 days you are eligible to adjust status and you must not leave untile you get Green Card or at least AP. If you don't marry then you must leave.

You do not extend authorized stay, you just apply for AOS as soon as possible. When you apply for AOS and get NOA1, your authorized stay is extended and overstay (period between I-94 expiration date and NOA1 date) is forgiven when AOS is approved.

[didopage 337]

Wow, thanks all for your replies! That's clear now.

On the other side, if I understand well this time, it is not possible to leave the US then until the AOS is approved? How long does it take from the moment I start filing for AOS and the moment I can travel back to my native country? (I am wondering just in case I need to go back for family emergency or something)

[Moomin 292]

Along with the AOS you can fill out an I-131 which is called Advanced Parole. When(if) having that approved before greencard you're allowed to travel outside US without the greencard in hand. When submitting it with AOS it doesn't cost anything.

[bigdog 376]

Get married in the 90 days, file for AOS I485, you will get a receipt with a A number. You are in US, with permission from the attorney general. Also apply for EAD and AP, work and travel.

[Gary and Alla 3,694]

You would only be obliged to leave if you do not marry within the 90 days. Once you are married, you will be able to stay and go through the AOS process.

[az110965 252]

Wow, thanks all for your replies! That's clear now.

On the other side, if I understand well this time, it is not possible to leave the US then until the AOS is approved? How long does it take from the moment I start filing for AOS and the moment I can travel back to my native country? (I am wondering just in case I need to go back for family emergency or something)

You are correct. You may not leave the US (and re-enter) while your AOS is pending, except under dire emergencies where an advance parole is issued authorizing you to leave the US and re-enter. Granting of an advance parole is not a given and can be denied by the adjudicator at their descretion.

AOS can take anywhere between 3-6+ months depending on the circumstance and typically there is an AOS interview performed at your local service center to judge the validity of the marriage - so it is CRUCIAL to begin preparations for your AOS as soon as you marry (photos of the wedding, co-mingling of finances, both names on apartment lease, the non USC as the beneficiary on life insurance policies, adding the non USC to the health insurance policy, etc)...

[Harpa Timsah 13,258]

Granting of an advance parole is not a given and can be denied by the adjudicator at their descretion.

This is incorrect. Advance Parole is routinely approved for people with AOS pending. The AP will take 2-3 months from when you apply for AOS. So plan a few months or more where you cannot travel. You can minimize this time by marrying soon after entry and applying for AOS as soon as possible.

[az110965 252]

I was talking about an "emergency" advance parole - for which there is a provision. You are indeed correct that AP is automatically granted with the AOS, but in the event of an emergency - there are situations where AP's may be issued before AOS to permit the beneficiary to leave the country - it applied when my prior fiance was here.

I said it is not a given to receive an emergency parole because in my circumstance when we applied for an emergency advance parole for my fiance to leave then re-enter it was first denied, then was approved with the help of my congressman.

Edited September 7, 2011 by az110965

[Casprd 167]

This is incorrect. Advance Parole is routinely approved for people with AOS pending. The AP will take 2-3 months from when you apply for AOS. So plan a few months or more where you cannot travel. You can minimize this time by marrying soon after entry and applying for AOS as soon as possible.

No it isn't incorrect. Nothing in any part of the process is a given and that is a cold hard fact. While AP may be routinely given, there are still cases where it isn't and it IS up to the adjudicators discretion.

[newlyweds2010 208]

You will actually be obliged to STAY in the US, once you marry, and before you get your green card or at least the advance parole papers. if you leave before that, your AOS will be denied.

[didopage 337]

You guys are so helpful and make that journey a lot less stressful. Thanks all for your fast replies !!