How long can she stay on K-1

[VinhBao MyTam 3]

She entered on 1/25. We did get married on 3/10 so it's within the 90 days. But we don't have all the paperwork done to file the i-485 AOS in time. How long can she stay legitimately on the K-1?

[Tim/Mav 305]

You met the Requirements of the K-1 Visa and its purpose. There is no hurry about AOS. Remember, the K-1 Visa is to get married within 90 days. You met the requirement of that Visa. The AOS can wait.

[VinhBao MyTam 3]

You met the Requirements of the K-1 Visa and its purpose. There is no hurry about AOS. Remember, the K-1 Visa is to get married within 90 days. You met the requirement of that Visa. The AOS can wait.

So between now and filing will she be out of status? can she be deported? will it cause problems when we do go to file later?

[Tim/Mav 305]

So between now and filing will she be out of status? can she be deported? will it cause problems when we do go to file later?

NO She will not face deportation proceedings. The K-1 is a Marridge Promise. You met that and are Married. Yes, sure, file a AOS ASAP but not required immediately. You met the Obligation of the K-1 Visa. Chill-Out

[Boiler 45,292]

After 90 days she is out of status. And could be deported.

[Tim/Mav 305]

After 90 days she is out of status. And could be deported.

NO. Show me! For the OP's Concern. I don't think so.

Even so, after the Marridge the is time to File the AOS. To File a AOS you MUST be Married on the Appropriate Visa. In this Case a K-1. Again I state: The Petitionary/Beneficiary met the Requirements of that Specific Visa. 90 Days is Null/and/Void. They met the Requirements.

SO I DIS-AGREE

Edited April 19, 2012 by Tim/Mav

[Boiler 45,292]

No harm in being wrong, now you know better.

[RickJovi 81]

After 90 days she is out of status. And could be deported.

How is that? Just think about it they give you 90 days in order to get married. So are you telling me if you marry on day 90 and they don't receive the AOS by that same day she will get deported. I don't think so. See the USCIS link below, which states if you do not marry within 90 days you are removeable from the United States. If you are married it says to file AOS as soon as possible.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD

[Tim/Mav 305]

No harm in being wrong, now you know better.

Read above Boiler. Any thoughts. Thats what we do Right or Wrong! Were not Lawyers

[VinhBao MyTam 3]

How is that? Just think about it they give you 90 days in order to get married. So are you telling me if you marry on day 90 and they don't receive the AOS by that same day she will get deported. I don't think so. See the USCIS link below, which states if you do not marry within 90 days you are removeable from the United States. If you are married it says to file AOS as soon as possible.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD

I looked on that page and it says "as soon as you marry" it doesn't say anything about as soon as possible.

[Boiler 45,292]

HINT

Have a look in her passport.

[Tim/Mav 305]

HINT

Have a look in her passport.

For my own curriosity. What does the Passport have to do with it. I don't know everything

[TBoneTX 45,006]

If she married within the 90-day period of validity of her I-94, she is "eligible to adjust status." After the 90 days, she runs a risk of being detained (for example, at an inland CBP checkpoint) if she hasn't yet applied for AOS. If she were to be detained, she would appear before an immigration judge, who would instruct her to adjust status as soon as possible.

CBP agents distinctly lack a sense of humor, and some of them are looking to "nail" anybody they can. Nobody wants a bullseye on their back if there doesn't need to be one.

This is why it's prudent to adjust status as soon as one can after marriage. I had Mrs. T-B. carry a copy of our cover-letter (& check) for AOS until she got the NOA1, and she carried that until she got her Advance Parole document, which she carried until she got her first green card. It may be overkill now that she has her 10-year green card, but I still have her carry a copy of our marriage certificate wherever she goes. She'll do this until her citizenship is applied for and granted, si man.

Edited April 19, 2012 by TBoneTX

[aaron2020 11,651]

For heavens sake.

The K-1 expires 90 days after she enters the US. Once the 90 days are up and she does not file to adjust, she is out of status. Being out of status makes her deportable. Being deportable does not mean the same thing as being deported.

Since she is deportable, ICE can detain and hold her. However, she is unlikely to get deported because she will be given an opportunity to file to adjust based on her marriage to a US citizen and the fact that she entered with inspection. If she does not file to adjust when given the opportunity, she can be deported.

[Tim/Mav 305]

If she married within the 90-day period of validity of her I-94, she is "eligible to adjust status." After the 90 days, she runs a risk of being detained (for example, at an inland CBP checkpoint) if she hasn't yet applied for AOS. If she were to be detained, she would appear before an immigration judge, who would instruct her to adjust status as soon as possible.

CBP agents distinctly lack a sense of humor, and some of them are looking to "nail" anybody they can. Nobody wants a bullseye on their back if there doesn't need to be one.

This is why it's prudent to adjust status as soon as one can after marriage. I had Mrs. T-B. carry a copy of our cover-letter (& check) for AOS until she got the NOA1, and she carried that until she got her Advance Parole document, which she carried until she got her first green card. It may be overkill now that she has her 10-year green card, but I still have her carry a copy of our marriage certificate wherever she goes. She'll do this until her citizenship is applied for and granted, si man.

So, this Answers the OP's question. The AOS is not immediate within 90 days upon entry and marridge.