Is it possible to apply AOS after the 90 days of K1 visa?

[Hypnos 6,576]

You are wrong.

A K-1 fulfills their obligations under the K-1 by marrying within 90 days, but they receive no special protection once this happens; it simply means they are now eligible to file for AoS under the K-1. Once their I-94 expires, they are out of status the same as anyone else with an expired I-94 is, until their I-485 is filed, and they can be detained or (theoretically) deported until that moment.

Edited August 31, 2013 by Hypnos

[DavenRoxy 1,073]

So what is the deadline for filing AOS?

[Darnell 8,478]

So what is the deadline for filing AOS?

http://www.visajourney.com/forums/topic/451312-is-it-possible-to-apply-aos-after-the-90-days-of-k1-visa/?p=6478039

[Hypnos 6,576]

There is no deadline. By virtue of being the spouse of a US citizen you can file for AoS at any time, whether you've always been in status, been out of status for ten days or ten years. Provided that you initially entered the country legally then overstay is not a bar for an immediate relative to successfully adjust status, any such overstay is not penalised at adjudication. You will be out of status from the day after your I-94 expires to when your I-485 is accepted for processing by USCIS, however.

Edited August 31, 2013 by Hypnos

[DavenRoxy 1,073]

And since semantics seem to mean something to you, a K-1 visa allows one-time entry into the USA. It is void at the POE. Then an I-94 is issued to allow time for the couple to get married. If they don't do so, then the out of status condition fits the rules for deportation, and if continued, can result in a 2-year ban or a 10-year ban, depending on length of overstay.

But fulfilling the marriage requirement of the K-1 process means the immigrant can stay indefinitely. And I'll stick by that until you can show me in something other than a blog that I am wrong.

Technically, any person who is not a USC can be deported, given proper reasons. As far as I can tell, failing to file AOS is not a valid reason for deportation. If anyone knows of a case where it happened, I am interested in learning about it.

Ok, I guess we are using different words to say the same thing then.

http://www.visajourney.com/forums/topic/451312-is-it-possible-to-apply-aos-after-the-90-days-of-k1-visa/?p=6478039

I know, Darnell. Thanks!

[Hypnos 6,576]

But fulfilling the marriage requirement of the K-1 process means the immigrant can stay indefinitely.

I'm sorry, but you are simply 100% wrong on that.

[Darnell 8,478]

I know, Darnell. Thanks!

Apologies. You asked - my answer doesna change. A redirecting url, having my same answer, seemed useful at the moment. Moments pass, of course...

I'm sorry, but you are simply 100% wrong on that.

Concur. There's more stuff to do. The cool bits? Any overstay, pass the I-94 expiration, is automagically forgiven when one has greencard in hand. Nothing to do to get that forgiveness, either (Unless yer 2 years past marriage date, then ya gotta file the I-130 PLUS the rest of the AOS forms) . Got a receipt notice? Can show it to any CBP goon or ICE goon you meet. They stop hassling you when you show that receipt notice for AOS.

Edited August 31, 2013 by Darnell

[KayDeeCee 4,893]

I never said it did. But thank you for supporting my post otherwise!

You asked why a person would be 'deportable', and I answered. That was part of my answer, not a quote from you.

No, you do not have to file for AOS. Why would anyone wish to live here unlawfully without being able to work, leave and re-enter, get a license/state ID, etc? Being married within the 90 days fulfills the requirement of the K-1 visa and makes you eligible to file for AOS. It does not make you immune to being detained for being out of status. There is nothing in that email that anyone has disputed. It states nothing about the K-1 entrant being out of status if they do not file for AOS.

This comes up all the time on VJ. A search here will provide you with many threads about the same topic. Here is one from a couple years ago. Pay attention to posts #7 and 11 by JimVaPhuong. > http://www.visajourney.com/forums/topic/303589-what-happen-when-k1-visa-1-94-expires/

Here are the exceptions for accruing unlawful presence. A K-1 entrant is not among them > http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-1863

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-1843

[DavenRoxy 1,073]

I'm sorry, but you are simply 100% wrong on that.

Then what is the permitted duration of stay for a K-1 who gets married within 90 days, but never files for AOS?

Note: I am not saying getting married makes you NOT out of status. Just saying it does not make you illegal to stay here. You won't be deported unless you do something unlawful that makes you deportable (which ALL immigrants who are not USC's are... deportable). Simply not filing AOS is not reason to be deported, from all I have read.

Edited August 31, 2013 by DavenRoxy

[Darnell 8,478]

Then what is the permitted duration of stay for a K-1 who gets married within 90 days, but never files for AOS?

With no further action? 90 days, as governed by the I-94.

Past that? It all depends on what the judge rules, at the immigration court proceedings done on the K-1 visa holder, when picked up by ICE after those 90 days.

It's great that yer asking these types of questions - I hope it's not because:

1. you have financial difficulties in amassing the monies needed to file an AOS package prior to 2 years after POE or

2. yer seeking to game the system.

I see (from yer timeline) that yer wife received her greencard on 2012-07-10. I can only assume yer asking questions now from an academic standpoint - you've no real emergency to solve.

Edited August 31, 2013 by Darnell

[Hypnos 6,576]

Yep, it's all governed by the I-94, until an I-485 is filed.

[DavenRoxy 1,073]

Well, all I can tell you is that a USCIS officer told us (in the email quoted above) that it is not required to file for AOS. And when we were at our interview, I asked her what out of status meant, and was told that in the case of a K-1 visa, essentially nothing. It's not illegal to be out of status like it is for other visas.

As linked to above: In other words, you're "out of status" but not "unlawfully present".

Guess we are gonna have to agree to disagree. Unless you can show a case me where a K-1 was deported just for not filing AOS...

[DavenRoxy 1,073]

No Darnell, no emergency. We were gonna wait a bit for our AOS in the beginning, but since our DMV refused to give my wife a driving permit without filing for AOS (in spite of the USCIS intervention and proof that "out of status" did not in any way make her illegal), we had to file sooner than intended.

Simply wanting to know the (accurate interpretation of) the rules so that I don't steer others wrong. And for the record, I always recommend AOS ASAP. But I know someone who could not do it for almost 2 years after the I-94 expired, and no one came looking for them.

[Darnell 8,478]

Ya, for a K-1 visa holder - it's normally the case that no one actively comes looking for em.

OTOH, an inspection stop (done by CBP) along the southern USA border will trip up a K-1 visa holder that doesn't have those receipt notices, in hand, for the AOS set

[DavenRoxy 1,073]

I agree. And I said all along, a person who is out of status, without at least an I-797 for AOS, would not be allowed back in the USA if he/she left. But if it were just an inspection, while there may be some hassles, and perhaps delays, it would not result in deportation. That was my point from the beginning.