AOS after 90 days but married within 90 days

[JJKano 0]

My fiancee and I got married within 90 days of her entering on the K-1 Visa but it says in her passport that the visa expires tomorrow.

We have not filed the AOS papers yet because of financial issues. Is she going to be deported or something??? I read different things on every website I look at.

What do we have to do now that we are past the K-1 date? Which forms do we need to fill out exactly?

Please help.

Thanks,

J & G

[richinlove 2]

hi! the requirement for the k1 visa is that u get married within 90 days once u have completed then u dont have to worry! it really doesnt matter when u file for aos, the only thing is that the medical is not valid after a year and u would have to do it over again. this can be very costly and run u from 200 to 600 depending on the doc u go to and the things they are required to do for the individual. so u can go ahead and and save up the money and then file at a later date

[Pitaya 2,577]

~Moved from K-1 Process to Family-based AOS Process~~

Poster is past K-1 process.

[Hank_ 9,174]

My fiancee and I got married within 90 days of her entering on the K-1 Visa but it says in her passport that the visa expires tomorrow.

We have not filed the AOS papers yet because of financial issues. Is she going to be deported or something??? I read different things on every website I look at.

What do we have to do now that we are past the K-1 date? Which forms do we need to fill out exactly?

Please help.

Thanks,

J & G

No your new wife will not be deported. There is no problem with filing AOS after the 90 day date from the I-94.

The process for filing AOS is listed in the GUIDE here on VJ.

Relax all is fine.

[Dave&Roza 748]

My fiancee and I got married within 90 days of her entering on the K-1 Visa but it says in her passport that the visa expires tomorrow.

We have not filed the AOS papers yet because of financial issues. Is she going to be deported or something??? I read different things on every website I look at.

What do we have to do now that we are past the K-1 date? Which forms do we need to fill out exactly?

Please help.

Thanks,

J & G

This question has come up several times in just the last week. Also remember the sooner the immigrant becauses a LPR, the sooner they can travel, work, and begin the times towards USC if that is the desire.

As far as filing for AOS here is my response the last time this was asked:

There is no time limit to file for AOS. Once the I-94 expires you are in an out-of-status state and are accruing over-stay days. Once you hit 180 days you will not be allowed back into the country even with AP (Advance Parole) so filing for AP is worthless at that point. Once you pass a year after your original medical you will need to pay for a new medical from a Civil Surgeon. Should you wait until 2 years after the marriage, you should file the I-130 with the I-485 as a K-1 visa holder is not allowed a 10 year GC, but being married for more than 2 years allows your to qualify for a 10 year GC. So by filing the I-130 you eliminate that catch-22, but it does cost more. Also remember that you cannot travel outside of the US and return nor can you legally work until you have your AP/EAD and/or GC. So the sooner you file for AOS the sooner those arrive.

Now what should happen if you find yourself near one of the borders--ie southern or northern--and come upon a CBP check point and have to show your LPR status. They will take you in for questioning. They may even detain you depending on your documentation and their mood. At some point you may be hauled in front of an immigration judge who will tell you to file the AOS ASAP or may even issue a court order to file by a certain time. NOW you have a time limit to file and had better do so or you WILL be deported. Not a pleasant experience I am sure. So either file your AOS ASAP or do not travel by car near either border, but especially CA, AZ, NM, and TX.

Good luck,

Dave

[KayDeeCee 4,893]

No deadline to file for AOS as long as you married within 90 days of her entry. However, she will be accruing overstay time once the I-94 is expires and will not be able to work or re-enter the US if she needs to travel abroad. A lot of states will not issue a drivers license/state ID without having at the least the EAD. If she did not get her SSN when her I-94 was still valid to do so, then she will also need at least the EAD in order to get that as well. It is in your wife's best interest to file as soon as possible..

[Glenn & Anne 16]

No your new wife will not be deported. There is no problem with filing AOS after the 90 day date from the I-94.

The process for filing AOS is listed in the GUIDE here on VJ.

Relax all is fine.

Would this also apply if you drove through one of the CBP checkpoints along the aouthern border??

What is the timeframe for when you absolutely MUST file for AOS?? We are not at this stage yet, trying to get our ducks in a row for her K1 interview right now but I would like to know also. NOA2 approval came about 3 months before I expected it so my savings plan is not where I expected it to be. Haha.

[Glenn & Anne 16]

Never mind. Question answered in the post below Hank's. LOL

I love this site.

[loughrey101 13]

There must be some time limit for filing for AOS without the possibility of a future deportation because marriage does not automatically entitle you to permanent residency in the United States and after a certain length of time, long after everything has expired and you make no attempt to file for adjustment, then surely you will be deemed an illegal at some point, Right?

[KayDeeCee 4,893]

There must be some time limit for filing for AOS without the possibility of a future deportation because marriage does not automatically entitle you to permanent residency in the United States and after a certain length of time, long after everything has expired and you make no attempt to file for adjustment, then surely you will be deemed an illegal at some point, Right?

Once the I-94 expires, then you begin to accrue overstay. You then have the possibility to be detained by ICE. There is no deadline to file for AOS so long as you married within the 90 days of entry. The marriage itself does not give you status. Entering on the K-1 and getting married within the allotted time makes you eligible to file for AOS to adjust status to permanent residency. You can file based on the approved I-129F and your marriage at any time, but if it has been 2 years or more, then you should go ahead and file the I-130 with your AOS paperwork in order to get a 10 year card instead of the 2 year one that those married less than 2 years get, as Dave stated above.

[loughrey101 13]

Once the I-94 expires, then you begin to accrue overstay. You then have the possibility to be detained by ICE. There is no deadline to file for AOS so long as you married within the 90 days of entry. The marriage itself does not give you status. Entering on the K-1 and getting married within the allotted time makes you eligible to file for AOS to adjust status to permanent residency. You can file based on the approved I-129F and your marriage at any time, but if it has been 2 years or more, then you should go ahead and file the I-130 with your AOS paperwork in order to get a 10 year card instead of the 2 year one that those married less than 2 years get, as Dave stated above.

Thanks very much Jay-Kay, I didn't realise there was a 10 year card. I believe in the past Green Cards never expired but these time limits are very recent amendments since 9/11. Very interesting.

[KayDeeCee 4,893]

Thanks very much Jay-Kay, I didn't realise there was a 10 year card. I believe in the past Green Cards never expired but these time limits are very recent amendments since 9/11. Very interesting.

You are welcome. You will get a 2 year conditional card. The condition is you must remove the conditions by filing another form and providing evidence that your marriage has been a real one within the 90 days before the 2 year card expires. Once the ROC is approved, you will receive a 10 year card.

[JJKano 0]

Thank you very much everyone for the responses.

[Lisa Anderson 0]

My fiancee and I got married within 90 days of her entering on the K-1 Visa but it says in her passport that the visa expires tomorrow.

We have not filed the AOS papers yet because of financial issues. Is she going to be deported or something??? I read different things on every website I look at.

What do we have to do now that we are past the K-1 date? Which forms do we need to fill out exactly?

Please help.

Thanks,

J & G

She will not be deported, she can be deported. As of tomorrow, she will be out of status. If she is picked up by immigration (even through a routine traffic stop in some states), they could deport her.

You need to file her AOS application- which is the I-485. She should also apply for travel and work permit, I-131 and I-765. The forms can be found at uscis.gov

Here are some helpful links about AOS:

http://www.visapro.com/Immigration-Articles/?a=1598&z=36

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2da73a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=2da73a4107083210VgnVCM100000082ca60aRCRD

Edited July 3, 2013 by Lisa Anderson

[Dave&Roza 748]

She will not be deported, she can be deported. As of tomorrow, she will be out of status. If she is picked up by immigration (even through a routine traffic stop in some states), they could deport her.

You need to file her AOS application- which is the I-485. She should also apply for travel and work permit, I-131 and I-765. The forms can be found at uscis.gov

Here are some helpful links about AOS:

http://www.visapro.com/Immigration-Articles/?a=1598&z=36

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2da73a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=2da73a4107083210VgnVCM100000082ca60aRCRD

If you read the USCIS website about the K-1 fiance(e) visa, the only requirment is to get married within 90 days of arrival on the K-1 visa. It is silent on when to file the AOS. It gives no deadline. What you say about deportation will not happen. What will happen is that the CBP officer will detain her and take her in front of an immigration judge. The judge will see that she is married to a USC and has the ability to file for AOS based on that marriage. The judge will order her to file for AOS. The judge may issue a court order saying that she has until August 10th to file for AOS. NOW she has a deadline to file for AOS. She will not be deported unless she violates the court order. Is this an experience I would want to go thru? NO!

OP: Being out of status does have risks and being out of status for more than 180 days makes filing for AP worthless as you will not be allowed re-entry to the US and will have to file for a spousal visa. That is why here on VJ we recommend you file for AOS ASAP as the immigrant's life cannot start unitl the AP/EAD and then the GC are in their hand. Borrow the money if you have to.

Dave