married after 90 days on a K1 visa

[Kaoticor 5]

She is no more out of status than any K1 entrant who files outside of the 90 day window.

Actually I think there is a difference. A K1 entry has a provision for them in the I-485. Point 10 sub point F2 on the I-485 specifically makes a provision for K1's who married within 90 days regarding being "in-status".

[Rebecca Jo 1,962]

Actually I think there is a difference. A K1 entry has a provision for them in the I-485. Point 10 sub point F2 on the I-485 specifically makes a provision for K1's who married within 90 days regarding being "in-status".

Actually there is no difference at all.

A K1 visa admits the entrant for 90 days. Marriage to the petitioner has nothing to do with status expiry. If the alien marries on day 2, they are legally present until day 90. If they never marry at all, they are legally present until day 90.

At the end of the 90 days, the alien falls out of status. Period.

I've gone and looked at what you refer to, Kaoticor, and I see you are looking at the instrucitons for the form. I would idly note that within the same Section 10 you bring forward, the category of alien listed in F1 is "immediate relative", ie a spouse who needs to file I130. All this section of the instructions does is explain who can file the form. Clearly, either a spouse or a K1 entrant spouse can file.

Anyone who files outside the date of their I94 is out of status. Anyone. K1, B1, J, H, - makes no difference the visa type. Once the I485 has been accepted by the Service, the alien enters a period of authorized stay until the case is adjudicated. Authorized stay isn't a legal status. It's a privilege granted by the Service which protects the alien from removal until the Service can get around to that alien's paperwork.

Edited September 12, 2012 by Rebecca Jo

[southcalhog 43]

That's why they are filing the I-130 now with the I-485. It's essentially a new process and not an adjustment from a K-1 visa. If the beneficiary was trying to adjust status based on marriage to someone other than the K-1 petitioner it would not work. Hopefully because it is the original petitioner it will be fine.

Good luck to the OP.

[Kaoticor 5]

Actually there is no difference at all.

A K1 visa admits the entrant for 90 days. Marriage to the petitioner has nothing to do with status expiry. If the alien marries on day 2, they are legally present until day 90. If they never marry at all, they are legally present until day 90.

At the end of the 90 days, the alien falls out of status. Period.

I've gone and looked at what you refer to, Kaoticor, and I see you are looking at the instrucitons for the form. I would idly note that within the same Section 10 you bring forward, the category of alien listed in F1 is "immediate relative", ie a spouse who needs to file I130. All this section of the instructions does is explain who can file the form. Clearly, either a spouse or a K1 entrant spouse can file.

Anyone who files outside the date of their I94 is out of status. Anyone. K1, B1, J, H, - makes no difference the visa type. Once the I485 has been accepted by the Service, the alien enters a period of authorized stay until the case is adjudicated. Authorized stay isn't a legal status. It's a privilege granted by the Service which protects the alien from removal until the Service can get around to that alien's paperwork.

Good point on the F1. I'm going to look around and see if I can find the law on that for more specifics, but it would seem you are right according to that wording.