When can alien fiance cut ties from financial sponsor?

[Darnell 8,479]

Not a bad idea - I concur - but - not pertinent to his topic.

[J-Vo 0]

Yep. The I-134 for the K-1 interview in Juarez is not legally binding and your mom has nothing to worry about there. If you still won't have enough to meet the requirement after you marry and file for AOS, then you will also need a joint sponsor for the I-864, and that is the one that is legally binding and anyone should read what they are signing to before doing so.

So he won't have his interview in Tijuana? That's where he'll be living. Is Juarez the only city in Mexico where Alien Fiances go for the K-1 interview?

[J-Vo 0]

sorry, lots of folk here talking about the I-864. Great and accurate stuff, but it doesn't apply.

the TOPIC - When can alien fiance cut ties from financial sponsor?

smacks of the Affadavit of Support presented at a K-1 interview at the IV Unit, on interview day.

That particular Affadavit of Support is the I-134, and is NOT legally binding.

IMO (and others) it truly expires when one of two things happen:

1. foreign fiance gets married to the US Citizen or

2. the I-94 issued at the POE expires.

so, to the OP - remember.....

Short on Cash? You are not in a rush to file the Adjustment of Status after marriage - so take yer time, build up yer financial portfolio - heck - even file a year later when your financial position improves after marriage. There is no regulation for WHEN you must file the Adjustment of Status for your WIFE after marriage, but you must marry within 90 days of her arrival in the USA (there's a regulation about that one bit) .

Good Luck !

Thanks so much for your input. So, if we don't file the AOS immediately after marriage, what "status" will he have then? Is the AOS regarding him being considered a Permanent Resident? I'm just confused on the statuses.

[J-Vo 0]

The main issue there is the OP would need to determine if they will also need a co-sponsor to adjust status. While it's true there is no time limit on adjusting status, it also means the beneficiary can't work until authorization is received, which is usually done with the adjustment of status petition since it's at no additional cost (outside the $1070). If the OP isn't able to be in a financial situation on their own for the adjustment of status process, it's not a bad idea to keep an eye on what's needed for the I-864 and get a co-sponsor lined up, whether it's mum or someone else.

Thanks so much for your input. Is the AOS a requirement after marriage? I've seen people respond that there is no time requirement as to when you must file for the AOS after marriage. The reason I ask is because my soon-to-be-husband (hopefully) is a musician and can earn money "outside of the system" anyway so it doesn't look like, for him, it would be immediately necessary. Of course, down the road, once we're financially stable, he will probably want a regular "in the system" job (i.e. teaching music classes) and at that time would file for the AOS - without my mom as a sponsor.

[LeftCoastLady 441]

Thanks so much for your input. Is the AOS a requirement after marriage? I've seen people respond that there is no time requirement as to when you must file for the AOS after marriage. The reason I ask is because my soon-to-be-husband (hopefully) is a musician and can earn money "outside of the system" anyway so it doesn't look like, for him, it would be immediately necessary. Of course, down the road, once we're financially stable, he will probably want a regular "in the system" job (i.e. teaching music classes) and at that time would file for the AOS - without my mom as a sponsor.

To be legally able to work in the U.S., you would need to adjust status along with filing the document for employment authorization.

[KayDeeCee 4,895]

So he won't have his interview in Tijuana? That's where he'll be living. Is Juarez the only city in Mexico where Alien Fiances go for the K-1 interview?

The U.S. Consulate General in Ciudad Juarez is the only consulate in Mexico that deals with spousal and fiance(e) visas. No matter where you live in Mexico, you must travel to Juarez for your medical and interview.

[KayDeeCee 4,895]

Thanks so much for your input. Is the AOS a requirement after marriage? I've seen people respond that there is no time requirement as to when you must file for the AOS after marriage. The reason I ask is because my soon-to-be-husband (hopefully) is a musician and can earn money "outside of the system" anyway so it doesn't look like, for him, it would be immediately necessary. Of course, down the road, once we're financially stable, he will probably want a regular "in the system" job (i.e. teaching music classes) and at that time would file for the AOS - without my mom as a sponsor.

You should not plan for him to enter on a K-1 and work here illegally. If you need him to be able to work as soon as he enters the US, then you should marry in Mexico and file for a spousal visa so he will be a permanent resident as soon as he enters and can work legally right from the start.

After you marry within 90 days of him entering the US with a K-1 visa, he will need to apply for AOS. You can apply for his Employment Authorization Document(EAD) and Advance Parole(AP) at the same time. The fees for those forms are waived when sending with the I-485 for adjustment of status. The fee for AOS (I-485) is $1070. Once the I-485 is approved, he will become a permanent resident and receive a 2 year conditional green card. He cannot work, get a drivers license, travel out of the US and re-enter without filing for AOS and getting his EAD/AP or green card. He cannot work and earn money "outside of the system". It is illegal to work without the EAD or green card, period.

There is no deadline to file for AOS if you married within the 90 days, however, when his I-94 expires after those 90 days, he will be out of status and begin to accrue unlawful presence overstay. There is a remote possibility that he could be detained by ICE if he is out of status. The possibility is higher the closer you live to a border and the more often you could run into CBP. You should file for AOS as soon as you are able to. Once you file AOS, your overstay clock is stopped and you are in a period of authorized stay. Have him carry a copy of his NOA receipt from filing for AOS. Once AOS is approved, the overstay is forgiven and does not matter any more.

Read through the guides and know the process and costs before he arrives:

http://www.visajourney.com/content/ssn

http://www.visajourney.com/content/k1k3aos

Also, 90 days before his green card expires, he will need to file for Removal of Conditions in order to receive a 10 year green card:

http://www.visajourney.com/content/751guide