WARNING for AOS filers who also file for AP

[Hypnos 6,576]

But even if you filed AOS after the 180 days, as long as you were married within the 90 day period then the presence is not unlawfull.

You are mistaken. Once your I-94 has expired you are out of status. K-1s do not magically stay in status if they marry within the prescribed 90 days, it just means they do not need to file an I-130 whenever they file for AoS.

Edited March 6, 2013 by Hypnos

[Troll 42]

You are mistaken. Once your I-94 has expired you are out of status. K-1s do not magically stay in status if they marry within the prescribed 90 days, it just means they do not need to file an I-130 whenever they file for AoS.

Technically it is. But it is not unlawful. If it was, then there would be alot of people being denied their AOS. I would never advise someone to leave until they have their AP in hand or their GC, whether before or after 180 days. My point behind this is that a K-1 that marries within 90 days is not breaking the law if they don't file AOS before their I-94 expires. And it would be dumb to file for an AP and pay the freight and not send in your AOS with it. If i am off base on this topic, then i apologize because i would not want someone that is looking for answers to get confused and make a wrong decision based off of what a bunch of people are saying. The visa journey and the hurry up and wait is confusing enough.

Edited March 6, 2013 by Troll

[Harpa Timsah 13,258]

Technically it is. But it is not unlawful. If it was, then there would be alot of people being denied their AOS. I would never advise someone to leave until they have their AP in hand or their GC, whether before or after 180 days. My point behind this is that a K-1 that marries within 90 days is not breaking the law if they don't file AOS before their I-94 expires. And it would be dumb to file for an AP and pay the freight and not send in your AOS with it. If i am off base on this topic, then i apologize because i would not want someone that is looking for answers to get confused and make a wrong decision based off of what a bunch of people are saying. The visa journey and the hurry up and wait is confusing enough.

We have already explained this to you. Once the I-94 expires, if AOS is not filed, then the person is accumulating days of illegal presence. That is okay, because the person can file AOS and it will not matter once the AOS is approved. If the person was to leave before they successfully adjusted status, they could get a ban. It has happened to members of this site.

Marrying, by itself, does not protect your status or give you any immigration benefit.

You are derailing the thread with your confusion.

[VanessaTony 3,567]

I don't understand how a K-1 visa would fall under this. There is a lot of conversation on this board about the "status" of a K-1 filer and if they are "out of status" at any time. My wife came here on a K-1 and we married soon. Filing the AOS took longer, but it was accepted (as were the AP and EAD forms). Her I-94 is still in her passport - so if she receives an AP and travels, how can that then be "nullified"? None of this makes sense to me.

The K1 visa is only for the K1 visa entrant to enter the US for the purpose of marriage. The requirement in order to AOS based on the K1 (I-129F petition actually) is to marry in the 90 days. Someone on a K1 visa can only AOS by virtue of marriage to their K1 petitioner. You could also marry your K1 petitioner AFTER 90 days but you couldn't AOS based on the approved I-129F, and would instead need to file the I-130.

Marriage DOES NOT protect your status.

Once your I-94 expires you are accumulating out-of-status days. If 180 days pass since your i-94 expires and you haven't yet filed for AOS, you have accumulated enough overstay for a 3 year ban. 1 year of overstay is a 10 year ban. The ban is ONLY triggered once you leave the US prior to approval of the GC.

Once you have filed for AOS you are in a "period of authorized stay" and are not accumulating out of status days.

AP is routinely approved. They do not determine whether you using AP will result in denial of entry/ban, just that you are eligible, which, as an AOS applicant you are. The warning is on the AP paperwork itself that AP does not guarantee re-entry.

As long as the marriage was inside of the 90 days then there is no unlawfull stay if the adjustment of status is filed at a later date. A person in this situation can travel if they have an unexpired AP.

Incorrect. Marriage does not convey lawful status. This is why spouses can be, and have been, deported.

If someone came on a K-1 visa and married within the 90 day period but did not file for adjustment of status until, lets say 10 months after POE, then why would their adjustment of status get approved along with an AP and EAD? A person that marries within their 90 days is here lawfully until they file for their AOS. If they go longer than 180 days then it does not put them in an unlawfull category. Granted, if they do not have an AP or GC then it would be stupid to travel outside the united states because then they have no documents to allow them back in and the process would have to be started completly over. If the 180 day rule was the case then i know of 3 different couples that would have been denied their AOS based off what you stated above.

Overstay is not a bar to approval of AOS, AP or EAD.

Once the I-94 expires the person IS NOT here lawfully. They are accumulating out-of-status days. if detained by ICE prior to obtaining a GC the immigration judge would order you to AOS her immediately or she would be deported.

[VanessaTony 3,567]

The answer is Yes. But even if you filed AOS after the 180 days, as long as you were married within the 90 day period then the presence is not unlawfull. You will get approved for your AOS. If you married your spouse within the appropriate timeline of the k-1 and file AOS at a later date, as long as your spouse does not attempt to work, drive cars ect. ect. etc Then she has not broken any rules. And therefore her approval would be routine.

No-one is stating AOS would be denied. Overstay is not a bar to approval of AOS.

I agree with your post, except for the misinformed part. I am a serious account going through a very long and drawn out visa journey. Then what is all the fuss about? If a person has an unexpired AP then they are given permission to travel to and from the US. The only thing that matters in a K-1is that they are married within the 90 day timeframe. Its dumb to argue on a K-1 about overstay 180 days if the person married within the 90 days.

Incorrect. Marriage in 90 days only permits the K1 entrant to AOS based on the approved I-129F petition, that is all. Marriage does not convey legal status.

Technically it is. But it is not unlawful. If it was, then there would be alot of people being denied their AOS. I would never advise someone to leave until they have their AP in hand or their GC, whether before or after 180 days. My point behind this is that a K-1 that marries within 90 days is not breaking the law if they don't file AOS before their I-94 expires. And it would be dumb to file for an AP and pay the freight and not send in your AOS with it. If i am off base on this topic, then i apologize because i would not want someone that is looking for answers to get confused and make a wrong decision based off of what a bunch of people are saying. The visa journey and the hurry up and wait is confusing enough.

Again wrong. Once the i-94 expires the K1 is accumulating out-of-status days. This does not prevent them from AOSing successfully, but it DOES mean they shouldn't leave the US without their GC if they have more than 180 days between I-94 expiration and AOS NOA1

[Denver422 10]

We have already explained this to you. Once the I-94 expires, if AOS is not filed, then the person is accumulating days of illegal presence. That is okay, because the person can file AOS and it will not matter once the AOS is approved. If the person was to leave before they successfully adjusted status, they could get a ban. It has happened to members of this site.

Marrying, by itself, does not protect your status or give you any immigration benefit.

You are derailing the thread with your confusion.

I don't believe that the thread ( that is mine by the way) is being "DERAILED" as you say, but on the contrary it is good fuel for debate and discussion to get to absolute truth of the matter, not to mention interesting. I am having great difficulty believing that a K-1 visa that is issued for the SOLE purpose of comming to the US to marry a USC and STAY here permanently could possibly be affected by any "overstay", As long as an AOS and all other subsequent filings are carried through to citizenship.

Edited March 6, 2013 by Denver422

[Troll 42]

We have already explained this to you. Once the I-94 expires, if AOS is not filed, then the person is accumulating days of illegal presence. That is okay, because the person can file AOS and it will not matter once the AOS is approved. If the person was to leave before they successfully adjusted status, they could get a ban. It has happened to members of this site.

Marrying, by itself, does not protect your status or give you any immigration benefit.

You are derailing the thread with your confusion.

You have not explained jack ####### to me!!! Read what i freaking said in the previous posts!!! I said i would never advise someone to leave without an AP or a GC. Everything you are saying i have known for many years now. You are NOT surprising me with new information. I am adressing the issue of staying longer than 180 days before filing for AOS. A K-1'r being married to a USC that hasn't filed AOS does not give them any immigration benefits. I know this. I didn't just file my wifes K-1 yesterday. Derailing a thread?? Really?? Go to the P&R thread and read for a while. Maybe then you will learn what derailing a thread means.

[Hypnos 6,576]

You have repeatedly posted erroneous information on this thread that has been corrected by myself and others.

At least your name is appropriate.

[Troll 42]

I don't believe that the thread ( that is mine by the way) is being "DERAILED" as you say, but on the contrary it is good fuel for debate and discussion to get to absolute truth of the matter, not to mention interesting. I am having great difficulty believing that a K-1 visa that is issued for the SOLE purpose of comming to the US to marry a USC and STAY here permanently could possibly be affected by any "overstay", As long as an AOS and all other subsequent filings are carried through to citizenship.

As long as the K-1'r doesn't leave the country and while they are here, they are not earning money then they can take their time. It's elementary information to know that it would be unwise to leave the country if a person did not have an AP or a GC for any reason. Now watch Denver, everything i have just said on this post will be argued by those other people. They will say i am wrong and then turn around and say the exact same thing i just did. Its been happening all throughout this thread.

[Troll 42]

You have repeatedly posted erroneous information on this thread that has been corrected by myself and others.

At least your name is appropriate.

Well if you think i am giving inaccurate information for this thread then press the report button and report me. I guess because my user name is Troll then that means my only purpose is to disrupt the thread. Our AOS as been cleared a year ago. But i have NO clue what i am talking about.

Edited March 6, 2013 by Troll

[Denver422 10]

You have not explained jack ####### to me!!! Read what i freaking said in the previous posts!!! I said i would never advise someone to leave without an AP or a GC. Everything you are saying i have known for many years now. You are NOT surprising me with new information. I am adressing the issue of staying longer than 180 days before filing for AOS. A K-1'r being married to a USC that hasn't filed AOS does not give them any immigration benefits. I know this. I didn't just file my wifes K-1 yesterday. Derailing a thread?? Really?? Go to the P&R thread and read for a while. Maybe then you will learn what derailing a thread means.

since you have been here many years can you please tell me if ANY K-1 who has been here over 180 days and filed for AOS ,AP EAD and recieved an approved AP has been DENIED re-entry or even banned by using the AP to go home and visit family? NO ONE I have asked that can provide an answer.....

[I AM NOT THAT GUY 5,715]

Well if you think i am giving inaccurate information for this thread then press the report button and report me. I guess because my user name is Troll then that means my only purpose is to disrupt the thread. Our AOS as been cleared a year ago. But i have NO clue what i am talking about.

Resistance is futile: You will be assimilated.

[Troll 42]

since you have been here many years can you please tell me if ANY K-1 who has been here over 180 days and filed for AOS ,AP EAD and recieved an approved AP has been DENIED re-entry or even banned by using the AP to go home and visit family? NO ONE I have asked that can provide an answer.....

Not one single time. If the person has an AP then they are free to come and go with it.

Wait for it Denver! Wait for it... Someone is going to say i am wrong!

Resistance is futile: You will be assimilated.

[I AM NOT THAT GUY 5,715]

since you have been here many years can you please tell me if ANY K-1 who has been here over 180 days and filed for AOS ,AP EAD and recieved an approved AP has been DENIED re-entry or even banned by using the AP to go home and visit family? NO ONE I have asked that can provide an answer.....

Well, somebody posted about a policy change about that within the last 12 mos, so give it time. However, it has always been the case, where if you have an action pending, say adjustment of status, and you are denied while out of the country, you can't get back in the country to appeal the decision, or refile.

[Denver422 10]

Resistance is futile: You will be assimilated.

since you have been here many years can you please tell me if ANY K-1 who has been here over 180 days and filed for AOS ,AP EAD and received an approved AP has been DENIED re-entry or even banned by using the AP to go home and visit family? NO ONE I have asked that can provide an answer.....