How long can she stay on K-1

[hcfrey 6]

My friend delayed their AOS due to financial reasons. His check even bounced and they gave him two weeks to make it good or he would have to start process all over. He explained and they told him to start the AOS all over. He then came up with some cash as his wife needed to exit. She was here 10 months when they had their AOS interview... No issues so you should be okay.... You're married so you did your first part. You need to get it done though just for more tax and legal purposes on going... But delays happen due to finances. She will not be deported...

:thumbs:

[Enigma11561 336]

Oi Vey !

The basics. A K1 VISA is used to ENTER the country for the purpose of getting married. It is expired/void/DOA after you pass immigration. It is replaced by an I-194. This gives the person legal status for 90 days to complete the marriage process.

Now to separate "technically" from "reality".

After marriage, you need to adjust status, the AOS procedure. From the time the marriage takes place to the time you have your AOS interview and are approved, you are "out of status". Anyone who is out of status is "deportable". Reality is that immigration understands that it can take some time for this AOS process to begin and end. I have never heard of anyone actually being in trouble of any kind during this process. Some people here took a year or two.Reality is that no one is going to bother you unless you do something stupid like commit a crime. And in an absolute worst case situation, where an ICE agent is having a bad hair day and you find yourself in front of an immigration judge, they will simple tell you to go and start the AOS process asap.

No one is going to get deported because they took a few months or so to file for AOS.

My two rubles.

[verysadguy 170]

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?

I had this problem and went directly to the USCIS Field Office. Married or not K-1 is 90 days from entry. After 90 days the visa is expired per the i-94 date and that person is then "out of status". If you want the person to stay, file for AOS. OTHERWISE THEY ARE DEPORTABLE. That means they would have to be picked up for some violation...traffic, shoplifting, illegal work etc to be detained then processed. Everything with USCIS takes many months due to case loads and priorities. K-1 is way down the list. That gives you time.

[Tim/Mav 305]

Oi Vey !

The basics. A K1 VISA is used to ENTER the country for the purpose of getting married. It is expired/void/DOA after you pass immigration. It is replaced by an I-194. This gives the person legal status for 90 days to complete the marriage process.

Now to separate "technically" from "reality".

After marriage, you need to adjust status, the AOS procedure. From the time the marriage takes place to the time you have your AOS interview and are approved, you are "out of status". Anyone who is out of status is "deportable". Reality is that immigration understands that it can take some time for this AOS process to begin and end. I have never heard of anyone actually being in trouble of any kind during this process. Some people here took a year or two.Reality is that no one is going to bother you unless you do something stupid like commit a crime. And in an absolute worst case situation, where an ICE agent is having a bad hair day and you find yourself in front of an immigration judge, they will simple tell you to go and start the AOS process asap.

No one is going to get deported because they took a few months or so to file for AOS.

My two rubles.

AMEN!

[VinhBao MyTam 3]

Actually her 90 days is up Monday and I can mail it on Monday. So there is no penalty or anything for them getting it late? Is it just that we have to make sure we have something showing we have sent it until they acknowledge receipt?

Just want to make sure that by mailing it Monday im not putting us into the position of extra paperwork and/or extra fees.

[Operator 1,927]

Actually her 90 days is up Monday and I can mail it on Monday. So there is no penalty or anything for them getting it late? Is it just that we have to make sure we have something showing we have sent it until they acknowledge receipt?

Just want to make sure that by mailing it Monday im not putting us into the position of extra paperwork and/or extra fees.

Once the I-94 expires you begin to accrue unlawful presence. Once you properly file the AOS the accrual stops. The I-797 will be your proof that you properly filed. There should be no additional paperwork or fees based on your filing date.

This link is really hepful. http://www.uscis.gov...html#0-0-0-1971

Edited April 19, 2012 by Operator

[aaron2020 11,651]

Oi Vey !

The basics. A K1 VISA is used to ENTER the country for the purpose of getting married. It is expired/void/DOA after you pass immigration. It is replaced by an I-194. This gives the person legal status for 90 days to complete the marriage process.

Now to separate "technically" from "reality".

After marriage, you need to adjust status, the AOS procedure. From the time the marriage takes place to the time you have your AOS interview and are approved, you are "out of status". Anyone who is out of status is "deportable". Reality is that immigration understands that it can take some time for this AOS process to begin and end. I have never heard of anyone actually being in trouble of any kind during this process. Some people here took a year or two.Reality is that no one is going to bother you unless you do something stupid like commit a crime. And in an absolute worst case situation, where an ICE agent is having a bad hair day and you find yourself in front of an immigration judge, they will simple tell you to go and start the AOS process asap.

No one is going to get deported because they took a few months or so to file for AOS.

My two rubles.

AMEN!

LOL. Now you are seeing that she is deportable but unlikely to be deported because she will be given the opportunity to adjust if she finds herself in front of an immigration judge. Didn't I say that in my first post? What happen to your contention that she was not deportable?

Edited April 19, 2012 by aaron2020

[aaron2020 11,651]

Actually her 90 days is up Monday and I can mail it on Monday. So there is no penalty or anything for them getting it late? Is it just that we have to make sure we have something showing we have sent it until they acknowledge receipt?

Just want to make sure that by mailing it Monday im not putting us into the position of extra paperwork and/or extra fees.

Your wife will be find. She will not be out of status.

[Harpa Timsah 13,258]

Oi Vey !

The basics. A K1 VISA is used to ENTER the country for the purpose of getting married. It is expired/void/DOA after you pass immigration. It is replaced by an I-194. This gives the person legal status for 90 days to complete the marriage process.

Now to separate "technically" from "reality".

After marriage, you need to adjust status, the AOS procedure. From the time the marriage takes place to the time you have your AOS interview and are approved, you are "out of status". Anyone who is out of status is "deportable". Reality is that immigration understands that it can take some time for this AOS process to begin and end. I have never heard of anyone actually being in trouble of any kind during this process. Some people here took a year or two.Reality is that no one is going to bother you unless you do something stupid like commit a crime. And in an absolute worst case situation, where an ICE agent is having a bad hair day and you find yourself in front of an immigration judge, they will simple tell you to go and start the AOS process asap.

No one is going to get deported because they took a few months or so to file for AOS.

My two rubles.

Since this got a star, I have to comment on a slight error. (This thread is a train wreck as it is). Once the AOS is accepted for initial review, the applicant begins a NEW period of authorized stay and the overstay clock stops. The immigrant is not out of status while AOS is processing. Any time between I-94 expiry (not marriage) and NOA1 date for AOS is out-of-status days. The overstay will be irrelevant/forgiven for the approval of AOS, but the immigrant should keep track of how many days they overstay. If they have 180 days or more, they cannot use AP because leaving the US without GC will trigger a ban.

[Enigma11561 336]

Vinh

Look at this way. There are thousands of illegals climbing over the fence or swimming across the river from Mexico. There are several more thousands of really bad people here committing untold crimes in human trafficking, more thousands of people having their spouses claiming immigration fraud, ICE is going nuts running all over the country, and WAIT ! STOP ! there is a woman who is living in ( pick a state) who is now 3 hours and 15 minutes out of status ! Shut down everything, get the swat team in place, surround the house, and put her on a plane home !

I know I am having some fun here, but I hope you get the picture.

Please relax. Have some green tea, drink some saki, go to the bedroom and close the door for a few hours . Mail your stuff on Monday or Tuesday or next week or next month. You are fine.

[bigdog 376]

If you live in an active border state, you need to file. The K-1 visa is good for 90 days not at our leisure. If you have the documents, file as you are out of status. When we attended our AOS interview the IO was very specific about being married in the 90 and filing in time, in my line of work I would take it as a clue. Why take the chance of deportation or a refused AOS by not filing ASAP. The only delay excuse is no documents we got ours on a rush. i know others say no big deal, but I did not want to take a change with my wife and our life.

[Operator 1,927]

This term out of status has confused me in the past so I have been doing some research.

One of the things I am seeing is that to be considered "out of status" by USCIS you must fall under a visa category that are eligible for an extension of stay. K-1 visa entrants CANNOT extend their stay.

So based on that upon expiration of a K-1 entrants I-94 they are in unlawful status not out of status.

Along with the link I posted earlier this link is also helpful.\

http://www.uscis.gov/USCIS/Resources/C1en.pdf\

I hope someone would correct me if I'm wrong.

[Enigma11561 336]

Harpa

Thank you for the correction. The main point here is that the OP is on save grounds and should not worry.

[Harpa Timsah 13,258]

Harpa

Thank you for the correction. The main point here is that the OP is on save grounds and should not worry.

Yes, they should not worry too much, but should file as soon as possible. I think the people pointing out that she could be detained were trying to emphasize that filing sooner is much better than later.

[bigdog 376]

Operator posted this, good on this issue. http://www.uscis.gov...html#0-0-0-1971

Yes, they should not worry too much, but should file as soon as possible. I think the people pointing out that she could be detained were trying to emphasize that filing sooner is much better than later.

I guess you need to trust immigration with your future, not for me, I am more proactive.

This term out of status has confused me in the past so I have been doing some research.

One of the things I am seeing is that to be considered "out of status" by USCIS you must fall under a visa category that are eligible for an extension of stay. K-1 visa entrants CANNOT extend their stay.

So based on that upon expiration of a K-1 entrants I-94 they are in unlawful status not out of status.

Along with the link I posted earlier this link is also helpful.\

http://www.uscis.gov...ources/C1en.pdf\

I hope someone would correct me if I'm wrong.

Great job, brother.

Edited April 19, 2012 by bigdog