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

[Darnell 8,478]

Please understand - that ultimately - to 'not result in deportation'

can mean .....

They stood in front of an immigation judge (they = us citizen and foreign spouse) and chided by said judge to file the frickin AOS within 90 days...

[SteveKarlaMayer 21]

Uh oh. you should go back today and find out status. go in person. all ok? they give you printout of the number. Problems? you learn about them .

'checking my name to the immigration' always translates to 'sent out for DHS verification', which, alas, is the kiss of death.

You should follow this, instead:

http://www.visajourney.com/forums/topic/405546-ssn-howto/

http://www.visajourney.com/forums/topic/405546-ssn-howto/

http://www.visajourney.com/forums/topic/405546-ssn-howto/

Smells like no one find you in SAVE database - but it's quite possible that:

1. SSA clerk not know what they were doing or

2. you have error in SAVE database on your name, captured at the POE.

Read the link I posted, refactor your plan, nowish.

Go Get Em, and Good Luck !

Hi, I just received a letter from the Social Security Administration. They said that my card will arrive in 2 weeks. The reason why they had to check it to the immigration is because of the mistake of my last name recorded. The immigration forgot to include my last name which made my middle name my last name on their record. When I applied in the SSN office, I put the complete name which seems like a mistake because the last name that I used is not the one on the immigration record. However, the double check was done and successful. My card will be delivered in 2 weeks.

Thank you, guys for the answers. God bless.

[Darnell 8,478]

cool. i've written about 'the path' to take at SSA, in the link you've quoted. You've been lucky, IMO, with time. Tempus Fugit? and you fall out of eligibility till EAD or greencard in hand.

[DavenRoxy 1,073]

Yes, deportable, as in you can be detained by ICE and theoretically deported to your country of origin for being out of status.

That's highly unlikely to happen, but it remains a possibility for anyone not present in the US in a legal status.

Had time to go back and re-read today...

Deportable? Yes, if not a USC, a person is deportable if they do something illegal.

Out of status for a K1 entrant is still a legal status. It's not illegal as in the case of a migrant worker, student, etc.

[Hypnos 6,576]

Again, you're wrong, and have been told by multiple people that you are, in fact, wrong, but I don't see this going anywhere, so good luck to you.

Edited September 1, 2013 by Hypnos

[DavenRoxy 1,073]

LOL, ok. Because you said it, I am wrong. (USCIS telling me it is a legal status must make THEM wrong too, eh?)

[DavenRoxy 1,073]

And here's another tidbit some don't realize:

If you file for AOS right after marriage, you pay $985 for the I-485, plus $505 for the I-751 two years later. But if you wait at least 2 years before filing, you will have to file I-485 ($985) + I-130, which is only $420, so you save $85 for the same 10-yr GC. (Savings used to be greater when I-751 was $595) But waiting makes it a one-time filing process vs. two, and a little cheaper in the end.

[Hank_ 9,174]

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

Well that isn't "necessarily" true either .... this from someone "along the southern USA border" who rides though CBP stops regularly, and even took the time to actually ask the CBP agent. He told me that what my wife needed to carry (every time she leaves the house was his words) was her passport with the I-94 (expired or not) and she would not have any issues, no mention of having to carry copies of the receipts for filing AOS. I will believe the CBP agent first.

Edited September 1, 2013 by Hank_

[VanessaTony 3,567]

Well that isn't "necessarily" true either .... this from someone "along the southern USA border" who rides though CBP stops regularly, and even took the time to actually ask the CBP agent. He told me that what my wife needed to carry (every time she leaves the house was his words) was her passport with the I-94 (expired or not) and she would not have any issues, no mention of having to carry copies of the receipts for filing AOS. I will believe the CBP agent first.

Then you are a fool. This would not be the only time a CBP agent was wrong. You're seriously suggesting that your out of status, i.e. illegally present spouse, would have no issues at the border if she didn't take proof of status? You're willing to risk that? Wow. Just. Wow.

[Hank_ 9,174]

Then you are a fool. This would not be the only time a CBP agent was wrong. You're seriously suggesting that your out of status, i.e. illegally present spouse, would have no issues at the border if she didn't take proof of status? You're willing to risk that? Wow. Just. Wow.

I am not suggesting..... I am saying for FACT. My wife and I ride through CBP check points on a regular basis... a way of life in this neck of the woods... not talking out of the butt end of a horse with rumor and opinion.

The CBP agent was totally happy with her passport and the I-94 and she was well past the 90 days... remember the k-1 visa is in the passport... IT changes everything!!!

You are very high on opinion, but rather low on facts.

Have you defined what "STUFF" has to been sent out from the SSA office to DHS yet? Or have your figured out the answer to that is .... NOTHING. More opinion with no fact.

[VanessaTony 3,567]

I am not suggesting..... I am saying for FACT. My wife and I ride through CBP check points on a regular basis... a way of life in this neck of the woods... not talking out of the butt end of a horse with rumor and opinion.

The CBP agent was totally happy with her passport and the I-94 and she was well past the 90 days... remember the k-1 visa is in the passport... IT changes everything!!!

You are very high on opinion, but rather low on facts.

Have you defined what "STUFF" has to been sent out from the SSA office to DHS yet? Or have your figured out the answer to that is .... NOTHING. More opinion with no fact.

You are stating fact that your wife has had no problems. You are NOT stating fact that this is the norm, and in FACT it is not. You are playing dangerous games. This is of course your life and doesn't affect me. However others reading should be aware to carry the NOA1 REGARDLESS of some officers opinion lest they need it.

Also, no idea about your last sentence, does not apply to me.

[Hank_ 9,174]

You are stating fact that your wife has had no problems. You are NOT stating fact that this is the norm, and in FACT it is not. You are playing dangerous games. This is of course your life and doesn't affect me. However others reading should be aware to carry the NOA1 REGARDLESS of some officers opinion lest they need it.

Also, no idea about your last sentence, does not apply to me.

No I am not playing a dangerous game. In the world of computers all she needs is her passport and I-94 (as CBP told us), no need to carry copies of the 797s. It would take two seconds for ANY CBP agent with a computer to pull up her info and it would show the AOS was filed for... so NO need to carry anything more then what the CBP agent told me.

Paranoia is a dangerous thing to spread around...

[VanessaTony 3,567]

LOL, ok. Because you said it, I am wrong. (USCIS telling me it is a legal status must make THEM wrong too, eh?)

You are wrong. Yes your email from USCIS is gospel. Please ensure you tell that to people who encounter issues following your "advice".

I don't have time to look up the rules to explain to you how idiotic your assumptions are but suggest you do so and stop posting your incredibly dangerous and incorrect advice.

It is quite common knowledge that a K1 (or anyone) is not suddenly legal simply by marrying a USC spouse. A k1 visa does not convey ANY legal status. You arrive on the K1, you have 90 days stay. You need to marry in those 90 days, but ONLY to use the I-129F petition to adjust from. If you marry after the 90 days, but still marry the K1 petitioner, you can still AOS but need to file an I-130. Marrying in the 90 days simply means you don't need to file an I-130.

A K1 CAN BE detained by ICE. They CAN BE deported. The only promising factor is as a spouse of a USC, the USC is afforded the opportunity to try and adjust your status. So once you see an immigration judge they will order you to AOS immediately, or be deported.

There are posts on here, one I recall but it's so old I can't locate it, where the lady actually filed AOS for her K1 husband but while their AOS was pending went on a bus trip interstate. ICE raided the bus, decided that the AOS NOA1 wasn't proof of legal status in the face of the expired K1/I-94 and he was locked up in immigration jail. After posting the $30K bond, and paying thousands in attorney's fees he was permitted "out" while he awaited adjudication of his AOS. Is this normal? No. Is it possible? Yes. Assumption otherwise is ridiculous.

Google is your friend. A K1 doesn't override regular laws about overstay and illegal presence. It's not "special" in any way in terms of protecting your status.

[VanessaTony 3,567]

No I am not playing a dangerous game. In the world of computers all she needs is her passport and I-94 (as CBP told us), no need to carry copies of the 797s. It would take two seconds for ANY CBP agent with a computer to pull up her info and it would show the AOS was filed for... so NO need to carry anything more then what the CBP agent told me.

Paranoia is a dangerous thing to spread around...

You're right, the presence of the computer assists in your wife's case. What if the computer goes down? They're not infallible you know. What if you run across an overly zealous officer? What if you run into problems outside of the checkpoints that have computers? It doesn't stop ICE.

Paranoia has "saved" many a people... again. Doesn't affect MY life but stating things categorically is stupid and selfish to those who follow your advice and end up in trouble. Rules are rules. Follow the rules and sometimes you STILL get burnt... but at least you know you did everything above board.

[DavenRoxy 1,073]

Vanessa, feel free to disagree with me all you want. But until you can show me facts/proof on a USCIS or ICE website that I am wrong, please refrain from calling me an idiot.

Let me say it clearly: "out of status", in the case of a K-1 immigrant who married within the I-94 window is a LEGAL status, at least until anyone on here can show me otherwise. If my wife was in the wrong for not filing AOS right away, or was in danger of being deported, I am sure USCIS would have told me so.

Rather than argue with the otherwise good folks here, I am waiting on repsonses from USCIS and an immigration attorney to get to the bottom of this. I appreciate your input, I just wish you could link us to facts, not hearsay. Thus far, no one can show me where a K-1 was deported just for being out of status. I stand by my belief that it is not a grounds for deportation as it is with other visas. Otherwise, USCIS would not classify it as a legal status.