How long can she stay on K-1

[TBoneTX 45,008]

The AOS is not immediate within 90 days upon entry and marridge.

Lest anyone misinterpret this vague statement, it's wisest and most prudent to file for AOS just as soon as one is eligible to do so.

[Tim/Mav 305]

Lest anyone misinterpret this vague statement, it's wisest and most prudent to file for AOS just as soon as one is eligible to do so.

I do agree with that. The lack of Filing could be anything from lack of Funds ($1,070.00) Upfront. Current changes in Employment. Who knows. I'm just going by the Original Question

[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.

Recall that being married to a US citizen and entering legally does not allow a foreign national to remain in the US indefinately. To legally stay in the US indefinately, the foreign spouse must file to adjust status and obtain a green card.

[Tim/Mav 305]

Recall that being married to a US citizen and entering legally does not allow a foreign national to remain in the US indefinately. To legally stay in the US indefinately, the foreign spouse must file to adjust status and obtain a green card.

RECALL: That is Not The Question.. The Question is Time Limits from K-1 Visa. And the Alloted Time for AOS. Think for a minute.

You have 90 days to Marry on on a K-1 Visa. You Cannot Apply for AOS until after you are Married. Now, that does not make the Beneficiary subject to deportation by any means. They cannot Apply for a AOS until after the Marridge.

So, there is time and not out of status.

Edited April 19, 2012 by Tim/Mav

[aaron2020 11,651]

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?

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

RECALL: That is Not The Question.. The Question is Time Limits from K-1 Visa. And the Alloted Time for AOS. Think for a minute.

You have 90 days to Marry on on a K-1 Visa. You Cannot Apply for AOS until after you are Married. Now, that does not make the Beneficiary subject to deportation by any means. They cannot Apply for a AOS until after the Marridge.

So, there is time and not out of status.

What you consider the question is not the question.

The question is "how long can she stay legitimately on the K-1?" The OP states she will not file to adjust within 90 days. The follow up questions were "so between now and filing will she be out of status? can she be deported? will it cause problem when we do go to file later?"

The answer is she can legally stay as long as she is in status. So being out of status makes her deportable if she is picked up by ICE.

Filing for AOS gives her permission to remain in the US until the case is adjudicated. Not filing for AOS and being out of status means she is not protected because she no longer has permission to be in the US.

Also, the OP states that they will not be filing to adjust within the 90 days, so she will be out of status.

So, you "think for a minute" about how your post does not answer "how long can she stay legitimately on the K-1" when she will not file to adjust until after the 90 days are up. So how does your answer that "So, there is time and not out of status" help when the OP has already stated they will not file in time?

Telling them to "chill out" is not the correct answer.

So, please enlighten the rest of us on what legal basis can she remain in the US when her K-1 expires and she has not file for any other immigration benefit? Being married to a US citizen doesn't give her any rights to remain in the US when she doesn't file to adjust. The K-1 is a non-immigrant visa, so that's not the answer.

Edited April 19, 2012 by aaron2020

[Tim/Mav 305]

What you consider the question is not the question.

The question is "how long can she stay legitimately on the K-1?"

The answer is she can legally stay as long as she is in status. So being out of status makes her deportable if she is picked up by ICE.

Filing for AOS gives her permission to remain in the US until the case is adjudicated. Not filing for AOS and being out of status means she is not protected because she no longer has permission to be in the US.

Also, the OP states that they will not be filing to adjust within the 90 days, so she will be out of status.

So, you "think for a minute" about how your post does not answer "how long can she stay legitimately on the K-1" when she will not file to adjust until after the 90 days are up. So how does your answer that "So, there is time and not out of status" help when the OP has already stated they will not file in time?

What Link shows she/he must File AOS in 90 days after Marridge? I will agree if you can show that. Out of Status does not mean Deportable.

Edited April 19, 2012 by Tim/Mav

[aaron2020 11,651]

What Link shows she/he must File AOS in 90 days after Marridge? I will agree if you can show that. Out of Status does not mean Deportable.

Why don't you show us on what basis she can remain in the US when her non-immigrant K-1 visa has expired and she has not applied for any other immigration benefit?

I never said that she MUST file AOS in 90 days after marriage. (By the way, that is not the rule. The K-1 must marry within 90 days in order to have a basis to adjust.) I NEVER EVER SAID SHE MUST FILE AOS IN 90 DAYS AFTER MARRIAGE. As long as she marry within 90 days after entering on the K-1, she has a basis to adjust from the K-1. The adjustment can occur anytime after marriage.

I don't need you to agree with me.

Please show me where being out of status does not make a person deportable? On what basis does a person with an expired non-immigrant K-1 visa and who has not file for adjustment or any other immigration benefit have a right to be in the US?

Edited April 19, 2012 by aaron2020

[Tim/Mav 305]

Just Google!

http://forums.immigr...us-for-K-1-Visa

No-One will disagree to file the AOS ASAP. But, It does not mean you will be deported immediately after 90 days

Edited April 19, 2012 by Tim/Mav

[TBoneTX 45,008]

Someone who hasn't yet filed for AOS is technically deportable after the 90 days. However, in reality, no immigration judge will order someone to be deported when that person is eligible to adjust status. The person will be given the chance to adjust. If the person doesn't file for AOS in a timely manner after that, then the risk of deportation increases.

We're getting wound up in our own underwear in this thread, sigh man. The practical answer to the OP's question is that AOS should be applied for now (ideally), or at least as soon as it's feasible to file for it.

Edited April 19, 2012 by TBoneTX

[JimVaPhuong 4,863]

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

It's DHS policy not to initiate removal proceedings against someone who is immediately eligible to adjust status unless they have evidence that the alien is inadmissible. It would be a waste of time and resources because an immigration judge would grant a stay of deportation while their adjustment of status was being adjudicated. It would also be contrary to the executive order on prosecutorial discretion issued last year.

Even if they were detained, the chances of a K1 who married within 90 days being placed in removal are extremely remote.

[Tim/Mav 305]

It's DHS policy not to initiate removal proceedings against someone who is immediately eligible to adjust status unless they have evidence that the alien is inadmissible. It would be a waste of time and resources because an immigration judge would grant a stay of deportation while their adjustment of status was being adjudicated. It would also be contrary to the executive order on prosecutorial discretion issued last year.

Even if they were detained, the chances of a K1 who married within 90 days being placed in removal are extremely remote.

I seen many Cases where the AOS for the people barely making the Poverty Levels have a hard time with this completion or Step. So I agree with this. Your advice is always appreciated.

[KayDeeCee 4,893]

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?

All this talk of being deported in this thread has derailed the actual question and topic I think.

There is no deadline to file for AOS, but you should file as soon as possible. Yes, once her I-94 expires she begins to accrue overstay, but while it is unlikely your wife would be detained by ICE, it is a remote possibility that people posting in this thread wanted you to be aware of. Even if detained, she would not be ordered deported since she is eligible to file for AOS. All if this has a small chance of happening though, especially if you do not live in a border state or travel through CBP checkpoints. It is not as if she will be out flagging down ICE to let them know she has overstayed her I-94 and has not filed for her AOS yet.

Lots of people file within a short time(couple weeks to a couple months) after their I-94 expires, and they are just fine. Just gather all the documents you need, and send in her AOS paperwork as soon as you possibly can. She will not be able to work or re-enter the US if she needs to travel outside the US. If she did not obtain her SSN before her I-94 expired, then she will also need to have the EAD or green card before she can acquire one.

[aaron2020 11,651]

It's DHS policy not to initiate removal proceedings against someone who is immediately eligible to adjust status unless they have evidence that the alien is inadmissible. It would be a waste of time and resources because an immigration judge would grant a stay of deportation while their adjustment of status was being adjudicated. It would also be contrary to the executive order on prosecutorial discretion issued last year.

Even if they were detained, the chances of a K1 who married within 90 days being placed in removal are extremely remote.

I agree that DHS will not initiate removal proceeding. But the OP asked will she be out of status and what could happen.

Being out of status means that ICE can detain her. If she files for AOS, ICE has no legal authority to detain her for being in the US. Do you disagree with this?

If she is picked up by ICE and she does not file for AOS, does this make her deportable?

You said her chances of being placed in removal is extremely remote. Extremely remote does not mean it can't happen.

--------------

Does anyone recall a post from last year where a woman who entered the US on a K-1, married within 90 days, did not file for AOS, and was subsequently detained by ICE at a bus station?

Deportable does not equal being deported.

[aaron2020 11,651]

Someone who hasn't yet filed for AOS is technically deportable after the 90 days. However, in reality, no immigration judge will order someone to be deported when that person is eligible to adjust status. The person will be given the chance to adjust. If the person doesn't file for AOS in a timely manner after that, then the risk of deportation increases.

We're getting wound up in our own underwear in this thread, sigh man. The practical answer to the OP's question is that AOS should be applied for now (ideally), or at least as soon as it's feasible to file for it.

I agree that no judge would order her deported when she is eligible to adjust. But how did she end up in front of the judge?

Being out of status and not having filed for AOS means that ICE can pick her up. That's how she is going to end up in front of the judge who will let her adjust.

Shouldn't the OP be made aware of this? Or should we gloss over it and say she wouldn't be deported so it doesn't matter if ICE can pick her up and detain her?

Edited April 19, 2012 by aaron2020

[Tim/Mav 305]

I agree that DHS will not initiate removal proceeding. But the OP asked will she be out of status and what could happen.

Being out of status means that ICE can detain her. If she files for AOS, ICE has no legal authority to detain her for being in the US. Do you disagree with this?

If she is picked up by ICE and she does not file for AOS, does this make her deportable?

You said her chances of being placed in removal is extremely remote. Extremely remote does not mean it can't happen.

--------------

Does anyone recall a post from last year where a woman who entered the US on a K-1, married within 90 days, did not file for AOS, and was subsequently detained by ICE at a bus station?

Deportable does not equal being deported.

HELLO ! What Have I been Saying. LOL. But yes, File the AOS ASAP

Edited April 19, 2012 by Tim/Mav