K-1 visa expriration date

[mishab 1]

Is there anything we need to do to ensure my wife's (and kids) legal status while they are waiting for AOS? Their K-1 visa expires soon. I doubt we will get the AOS before the visa expiration date.

Note: We do not live in Alabama

[dessndave 3]

just file the aos & you will be fine.

its best to file the aos within 90days of arriving but if its late its still generally fine from what all i have read.

just means no work no travel etc.

this is from my reading & understanding.

just file the aos for them and you should be fine.

[Enigma11561 336]

The K1 visa ( and K 2 ?)"expired" upon arrival in the US. It is only a single entry visa. You should have received an I-194 paper when entering. This, I believe, is good for the 90 day period for your marriage to take place.As long as you married in the 90 day period you are fine. Just file the AOS like you did and..like others...just wait.There is nothing more that "will expire". You did everything correctly. Note: does not matter what state you live in, as long as you are in the US.

[mishab 1]

The reason I asked this question is... we went to the DMV this morning to get a California driver license and were told that her legal stay expires in less than 2 weeks and the CA ID or Driver license will expire on the date her visa/i-94 expires. So according to the DMV my wife becomes illegal after the date her i-94 expires.

Assume she travels to Arizona or Alabama and someone checks her immigration status? Will she be detained or deported?

Edited October 24, 2011 by mishab

[bigdog 376]

Your I797c letter will extend the stay for 1 year. Go back and renew your license when it arrives.

[baron555 934]

Is there anything we need to do to ensure my wife's (and kids) legal status while they are waiting for AOS? Their K-1 visa expires soon. I doubt we will get the AOS before the visa expiration date.

Note: We do not live in Alabama

Carry around a copy of their NOA1 for the AOS; the is your only "proof" of filing.

[ceadsearc 516]

Once the AOS is received and you get the NOA1, the beneficiary enters a new period of being in-status until the 485 is either approved or denied. Even if it hasn't been received yet, given that your wife entered on a K-1 if she was detained she would be told to file her AOS ASAP. That being said, if she is going to be traveling to a state with tough immigration laws like AZ or AL it would be in her best interest to always have a copy of her NOA1 on her.

[VanessaTony 3,567]

The reason I asked this question is... we went to the DMV this morning to get a California driver license and were told that her legal stay expires in less than 2 weeks and the CA ID or Driver license will expire on the date her visa/i-94 expires. So according to the DMV my wife becomes illegal after the date her i-94 expires.

Assume she travels to Arizona or Alabama and someone checks her immigration status? Will she be detained or deported?

She can be detained yes, and she CAN be deported but they usually won't do that because she is eligible to adjust status.

Even with the NOA1 you can run into issues. best to avoid public transport and borders to prevent any trouble.

[Neonred 3,562]

She can be detained yes, and she CAN be deported but they usually won't do that because she is eligible to adjust status.

Don't let this statement scare you. The government seems to be unwilling to deport even illegals with criminal histories.

[Bobby+Umit 161]

I would file sooner than later, within the time of the I-94.

But I am "old school" where protecting your status is rule number one.

Sure, you might be perfectly find waiting 1, 2, 3 years to fix your status, but what happens if your that one person ICE finds and sends home because you didn't follow the rules?

Or you when you go before an IJ, after being in the ICE jail, just because you waited, due to some people on the internet said it was "ok" - what will you say then?

You mentioned Alabama - so you know some of the things that can happen in particular states. (others mention Arizona and Texas - there was a case on this site where an AOS couple were detained by Texas CBP at in-state immigration checkpoint - luckily they had their correct AOS paperwork)

I have gone over a lot of USCIS/ICE rules and regulations, and I didn't find any entries that said you were "ok" to just get married after the K-1 and wait for AOS, whenever you feel like doing it.

Indeed, most of the things specifically pointed out you were out of status if you did that (not get AOS within the I-94), and could suffer detention/deportation, even if married to the USC. (do a search on my username here - I list all the sources in various posts)

So I guess it boils down to what your comfort level is. That will direct you to what you need to do.

If you do get picked up, you, alone, will have to fight it, go to court, etc... - not us.

This almost reminds me of the 30/60/90 rule I see people talk about here. There is nothing in the USCIS/ICE rules that even remotely follows any such rule. Do you think the Officer will go, "Gee, they got married after 60 days, so they must be legit?" but will grab someone if they marry at 25 days?

I know some lawyers mention this, and tell their clients to follow it, but I have seen other lawyers laugh at this "rule".

Just follow the rules/regulations and you will be just fine. If you don't, then it sucks to be you if your found out.

[mishab 1]

That is exactly my point. If DMV says no license for you because, based on the documents you provided (passport with i-94), you can only stay in this country until 11/8, what would prevent the local school district from contacting the school and tell the administration to remove the kids from school because they are in this country illegaly. You are also correct by saying that the only requirement K-1 needs to follow is to get married within 90 days. I have yet to find official information stating that one with K-1 visa needs to apply for AOS. Shall we decide not to apply for AOS will she be in the country illegaly? An immigration attorney at my work is trying to convince me that AOS is part of the process.

One more question. Let' say my wife does not care about green card, she does not want to work here, she does not care to study - she wants to go back home. In fact she wants me to move back home. She is comfortable being a wife of a USC, but she does not care for ever becoming a citizen nor permanent resident. Since she hold a EU passport, can she just come here anytime she wants? Would anyone even care to ask her?

[Bobby+Umit 161]

That is exactly my point. If DMV says no license for you because, based on the documents you provided (passport with i-94), you can only stay in this country until 11/8,

Correct - they go by your latest immigration status/paperwork.

what would prevent the local school district from contacting the school and tell the administration to remove the kids from school because they are in this country illegaly.

Depends on the State - however, this is not likely.

You are also correct by saying that the only requirement K-1 needs to follow is to get married within 90 days.

No - the other requirement is to file for AOS - which is the only thing that will allow you to stay in the country legally. It all boils down to your STATUS.

Once you file for the AOS - you get an NOA that extends your status till they determine if you can adjust.

If you get the 2 yr greencard, and you do the removal of conditions, then they will send you another NOA to extend that status for one year. (which would cover the wait for the 10 year card)

I have yet to find official information stating that one with K-1 visa needs to apply for AOS.

Click on the link in my signature about protecting your status - it's written in there - you have to follow the all the rules for immigration. K-1, after getting married, status adjustment. It won't spell out "K-1 needs to adjust within the 90 days", it's a given it's covered by the other regulations. (I-94).

OVERVIEW

A visa is issued by a U.S. consulate or embassy. It allows the person to travel to the U.S. and apply for entry in that nonimmigrant category. The visa is valid for a certain length of time, and the customer may use it to apply for entry while the visa is valid. Having a visa does not guarantee the person will be admitted.

A multiple entry visa is simply a visa that can be used repeatedly to enter the U.S.

A person who is admitted, is granted a particular status based on the visa and is admitted for a specific period of time. Usually the customer is given an I-94 Arrival-Departure record. In the lower right corner, the I-94 shows the nonimmigrant category or other status in which the person was admitted and below that, how long the person is authorized to stay. The period for which admitted often does not match the validity of the visa because the visa serves a different purpose. The I-94 is typically stapled into the customer's passport.

There are limited exceptions where a Canadian or Mexican can be admitted as a B nonimmigrant but not given an I-94.

A person who violates immigration law can face penalties, including being required to remain abroad for a length of time before being able to return to the U.S., even after they otherwise become eligible for a status.

Now lets look at the K-1

OVERVIEW

A U.S. citizen who marries a person while outside the U.S., can file a relative petition if the couple plans to live in the U.S. This petition is the first step towards the new husband or wife becoming a permanent resident.

However, sometimes the U.S. citizen and his or her fiancé(e) want to get married in the U.S. The K1 nonimmigrant category allows the U.S. citizen to file to bring the fiancé(e) to the U.S., so that the two can marry here. The U.S. citizen and fiancé (e) must have decided to marry, not simply wish to have the opportunity to spend time together to decide whether to marry.

This status cannot be granted to a person who is already in the U.S. If granted, status will be given for 90 days and cannot be extended. If the two marry within this period, this status becomes a pathway to the U.S. citizen's new husband or wife transitioning to permanent residence, by allowing him or her to apply for adjustment of status.

Shall we decide not to apply for AOS will she be in the country illegaly?

Yes - if in the 90 days of the I-94 - she doesn't AOS - and remains past the I-94 - she is out of status - and that is not a good place to be.

An immigration attorney at my work is trying to convince me that AOS is part of the process.

It is - most definitely. If you wish to stay in the US - it's absolute that you need to adjust your status.

One more question. Let' say my wife does not care about green card, she does not want to work here, she does not care to study - she wants to go back home. In fact she wants me to move back home. She is comfortable being a wife of a USC, but she does not care for ever becoming a citizen nor permanent resident. Since she hold a EU passport, can she just come here anytime she wants?

Correct - however, they may ask her about her USC husband and/or why she is coming here - and may reject her entry, because they may suspect she is trying to immigrate using the visitors visa. Also - numerous "visits" may trigger extra attention.

Remember - the onus is on you to show CBP your intentions, not the other way around.

Would anyone even care to ask her?

That is CBP's primary mission, to vet people coming into the country - if she makes it past them, she gets the I-94 - and can stay as long as the authorized stay is granted for.

Again - some people adjust years later, with no problem. However, there is a chance, small perhaps, but still there, that you could be the one example that is shipped home.

Do you feel lucky?

[SF2007 48]

One more question. Let' say my wife does not care about green card, she does not want to work here, she does not care to study - she wants to go back home. In fact she wants me to move back home. She is comfortable being a wife of a USC, but she does not care for ever becoming a citizen nor permanent resident. Since she hold a EU passport, can she just come here anytime she wants? Would anyone even care to ask her?

I don't know why you wouldn't AOS. What is she going to do, live as a ghost? Does she not care about having legal permanent residency, a status, open and manage a bank account or obtain a driver license? What about not being denied entry in the U.S after visiting a foreign country? Being European is irrelevant. She would be an unauthorized foreign national entering the U.S. with immigration intent. Which is illegal.

Yes she can leave the U.S anytime she wants. But coming back without AP or a GC is an issue regardless of your nationality. Border patrol and customs officers ask what is the purpose of a foreign national's visit. When they hear about a USC husband and kids, they might as well turn her around and tell her to obtain the proper visa to immigrate. And they will see in their system she last entered the country on an expired visa. If that happens, it's a year worth of her waiting outside the country while you file your spouse visa application. People are denied entry in the U.S. for much less.

Unless you can't afford $1070, I don't see any reason why one wouldn't want to adjust.