Finally married

[K1waiting 0]

Hey all,

So my fiancee and I are finally married!

We got married on the 19th of May, and my K1 is due to expire on the 7th of June, so no issues there. My question is, do I need to file for my AOS before the 7th, or can I do it after? Is there a time limit? Do I risk being deported?

Thank you

[Jamie and Sveta 18]

Hey all,

So my fiancee and I are finally married!

We got married on the 19th of May, and my K1 is due to expire on the 7th of June, so no issues there. My question is, do I need to file for my AOS before the 7th, or can I do it after? Is there a time limit? Do I risk being deported?

Thank you

It is best to file it sooner. There is a lot of debate about timing..... Just do it as soon as financially possible!!!

[Yellowbooneygirl 0]

Hey all,

So my fiancee and I are finally married!

We got married on the 19th of May, and my K1 is due to expire on the 7th of June, so no issues there. My question is, do I need to file for my AOS before the 7th, or can I do it after? Is there a time limit? Do I risk being deported?

Thank you

I asked my lawyer the same question afew weeks ago, his reply was....

"So long as you married within 90 days of your arrival in the United States it is not a problem. The 90 day mark is normally the date on the I-94 card, the white card and date you are referring to. Technically you fall out of status when your I-94 card expires, but there is no need to worry about this.

As soon as we file the Adjustment of Status, even after the date on your I-94 passes, you will be back in status. Falling out of status is not a criminal offence, it's merely civil and there is no punishment unless you stay out of status for more than 6 month, which you wont'.

It is very normal for couples to take longer than the 90 days to file the Adjustment of Status, and as long as you married within 90 days of your arrival in the US you are fine.

It is true that you are in theory subject to deportation, in practice and policy this is not the case. ONLY foreign nationals in your situation who also commit crimes will actually be placed into deportation. As long as you refrain from robbing banks there is no need to worry. No one comes knocking at your door or anything like that. In fact I've known couples to wait years before filing the Adjustment because they simply did not know what they were doing, and all is still fine once a lawyer straightens them out. It is even legally possible now to get a divorce and still Adjust your Status based upon the fact that you have an approved K-1 and married in the US within 90 days of arrival. Immigration law is a strange beast.

If you have any worries about this please do not hesitate to call me and I can explain the circumstances in more detail. Again, there is no need for concern unless you are thinking about a bank robbery.

P.S. If you really are thinking about robbing a bank, we need to have talk... ;-) "

So needless to say I am not worried, as I dont intend to rob any banks

Good Luck with your journey.

Sally

[tru_loves_journey 117]