How long can she stay on K-1

[Boiler 46,252]

I suggest you read Jim's post. Look, no hard feelings. Yes the AOS is suggested soon after the Marridge. The OP was questioning the time limit. ? As Jim stated: there is none really but should be done ASAP. I agree, it complicates things and questions will arise if delayed

You provided the wrong answer and your continuing posts are probably just confusing the OP.

Best to quit.

[jkb11 26]

As you enter on K-1, your lawful presence expires in 90 days as per I-94 form stamp. Within that time period you need to get married. After 90 days, even if you get married, if you don't file for AOS, you are out of status. The marriage certificate and your expired I-94 are not a proof of maintaining a lawful status. After you file for AOS and receive NOA1, you stop accruing days of unlawful presence as you are "in a period of authorized stay as granted by the Attorney General".

Cheers!

[Sandra G. 5,078]

She will be "out of status" if she doesn't submit the AOS before expires the I-94. Many people make wrong assumptions when they don't fully understand the Immigration Law. The INA doesn't say when the K1 visa holder must submit the AOS, but it doesn't mean she is legal with I-94 expired just because she got married within 90 days.We have to rely upon other provisions of the Immigration Law as well.

Edited April 19, 2012 by sandranj

[DouglasFiel 53]

We as a country these days don't even deport those that are real illegals with never having had legal status. You really think

ICE and the judges will waste their time on a technicality of being illegal.

Entertaining reading though...

regards,

dc

[kapay&kulit 1]

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?

no worries, its up to you when to file for AOS but the main problem is you cannot apply for the petition to remove condition until you are not a permanent resident.. in short you're still a burden to your fiance(e)

[grrrrreat 109]

no worries, its up to you when to file for AOS but the main problem is you cannot apply for the petition to remove condition until you are not a permanent resident.. in short you're still a burden to your fiance(e)

Sorry if you had read the prior posts on this thread, you would know this is false. The I-94 form shows the expiration date of the legal stay. After that, the stay is unlawful until the application for adjustment of status is submitted.

Also your sentence doesn't make sense. Removal of conditions happens after you become an LPR, and has nothing to do with the sponsor's burden to support the alien.

I suggest this thread be closed to recent further misinformation.

Edited April 20, 2012 by grrrrreat

[jkb11 26]

We as a country these days don't even deport those that are real illegals with never having had legal status. You really think

ICE and the judges will waste their time on a technicality of being illegal.

Agreed. Unless OP starts driving the interstates near Mexico looking for internal checkpoints, I doubt anyone would care.

[TBoneTX 46,277]

having read this thread...i really feel for mav.

Si, man (sigh, man).

This is not the worst of Tim's posts :S but agreed... poor woman

Si, man (sigh, man).

One should also remember that if one is detained by ICE, it has to be reported in the AOS application and the ROC application and the citizenship application. How good do we think THAT will look?

I agree that this thread has run its course (a charitable appellation) and that the OP almost certainly has his answer.

Edited April 20, 2012 by TBoneTX

[Krikit 1,165]

Two off topic posts have been removed and one member banned from thread.

[beejay 125]

Just wanted to add as I don't think it was covered, that the OP's wife should not plan on leaving the country until the AOS is filed and either the AP or the greencard is in hand. If she leaves before AOS is filed and wants to return to the US they will need to file for a new visa (CR-1/IR-1) as the single entry for the K-1 has already been used. If for some reason she did leave before the AOS was filed, depending on how long after the I-94 expired, she could incur a ban for her time spent 'out of status.

Just something else to think about.