K1 visa married within 3 days of her arrival, now I have to go overseas.

[DavenRoxy 1,073]

To stay in this country legally past the 90-day expiration of the K-1 visa, she must apply for AOS. It most certainly is required. Failure to do so will eventually get her deported.

OMG, here we go, AGAIN.

Tell me how many people you personally know of who were deported because they didn't file AOS?

[Gosia & Tito 199]

You should not worry about the checkpoints...I've been through them many times in TX, NM and CA. They are primarily interested in contraband and illegals. As long as she has her passport with stamps she is fine. At most she will have a secondary inspection but remind her to be calm and answer questions directly...no problem.

Thought same. I never got more than a glance and a wave; so wife and I went to some caverns in West TX; on the way back, inspection post on the side of the road and guess what...Very detailed check on my wife papers. We had everything so there was no problem though. You never want to chance that someone in an outpost does not understand the rules correctly and ruins your day Eventually it'll be cleared but being stuck in the middle of the desert is not one of my favorite passtimes.

[DavenRoxy 1,073]

Thought same. I never got more than a glance and a wave; so wife and I went to some caverns in West TX; on the way back, inspection post on the side of the road and guess what...Very detailed check on my wife papers. We had everything so there was no problem though. You never want to chance that someone in an outpost does not understand the rules correctly and ruins your day Eventually it'll be cleared but being stuck in the middle of the desert is not one of my favorite passtimes.

And therein lies the responsibility of the immigrant to follow the rules. I know of one who got checked by CBP, and she did not have her passport at the time. She was simply let go and told to not travel without it anymore. Lesson learned, though they WOULD have been within their legal rights to detain her for more questioning. I'd imagine like lots of other things, it all depends on the kind of day the officer is having.

[Gosia & Tito 199]

I think that is a tad extreme. A marriage license with a current passport and expired I-94 should suffice just fine. There is no requirement to file for AOS, and certainly no timeline.

I happen to know a fella on here who lives in AZ and has gone thru CBP checkpoints regularly, and they never had any issue, before or after AOS.

Might be extreme, but I wouldn't be taking the chance in a remote inspection post. As I noted in a prior post; I've been around NM, TX border towns quite often and never givern more than a glance and wave. First time I drove around with wife, we get stopped followed by a very detailed inspection of my wife papers.

I happen to have first hand experience of both, never had a problem to being thoroughly inspected when I had my wife with me.

And therein lies the responsibility of the immigrant to follow the rules. I know of one who got checked by CBP, and she did not have her passport at the time. She was simply let go and told to not travel without it anymore. Lesson learned, though they WOULD have been within their legal rights to detain her for more questioning. I'd imagine like lots of other things, it all depends on the kind of day the officer is having.

Exactly, a CBP on a bad hair day is someone you don't want to mess with.

[KayDeeCee 4,896]

His wife will have just uprooted her life and arrived in a foreign country without even being fluent in the language, There is no way she should also be left to worry over something such as being questioned/detained about her legality in the US. Taking care of that by filing for AOS before he leaves is one small thing he can do to make her life easier and more secure, while she is left alone here so soon after immigrating and marrying. I am sure the OP will take any and all actions to make sure his new wife is safe and okay while he has to be away. Power of attorney for her is also a good idea to get done.

[DavenRoxy 1,073]

His wife will have just uprooted her life and arrived in a foreign country without even being fluent in the language, There is no way she should also be left to worry over something such as being questioned/detained about her legality in the US. Taking care of that by filing for AOS before he leaves is one small thing he can do to make her life easier and more secure, while she is left alone here so soon after immigrating and marrying. I am sure the OP will take any and all actions to make sure his new wife is safe and okay while he has to be away. Power of attorney for her is also a good idea to get done.

I agree. Making it possible for her to drive before he leaves is important too, assuming she already knows HOW to drive.

IDK I agree with the POA at this point, unless it is limited.

[KayDeeCee 4,896]

Being able to drive would be quite helpful. If not, I hope they have a good public transportation system where they live.

It could be limited, yes. Just one that covers anything she might actually need to sign for to take of their household in his absence.

[DavenRoxy 1,073]

I know we delayed my fiance's application/interview because I was going out of the country (I lived in AK at that time), and no way I wanted to bring her to that extreme environment alone. NOT a good way to be introduced to the US.

In this case, perhaps her living with his family until he returns would be an option that would ease her time of being alone until he returns. That's what I would try to do.

[Brit Abroad 166]

I agree. Making it possible for her to drive before he leaves is important too, assuming she already knows HOW to drive.

IDK I agree with the POA at this point, unless it is limited.

I married a soldier, and within 4 months he was deployed to Afghanistan. Without a PoA very few companies will accept her as a contact, much less act on her wishes in the absence of her husband. Trust me, I've been there when we forgot to change the contact on the cable ... and it took 10 days to get paperwork sorted out to cover it. That's a long time for an immigrant to be unable to communicate daily with her foreign family while her spouse is absent.

This is why we plan ahead, and recommend others do when their circumstances require it.

Driving is important, getting her SSN sorted before her 90 days cut off point on the entry visa is important and being able to handle EVERYTHING that *may* crop up in his absence means less things for him to worry about while he is away.

[DavenRoxy 1,073]

I married a soldier, and within 4 months he was deployed to Afghanistan. Without a PoA very few companies will accept her as a contact, much less act on her wishes in the absence of her husband. Trust me, I've been there when we forgot to change the contact on the cable ... and it took 10 days to get paperwork sorted out to cover it. That's a long time for an immigrant to be unable to communicate daily with her foreign family while her spouse is absent.

This is why we plan ahead, and recommend others do when their circumstances require it.

Driving is important, getting her SSN sorted before her 90 days cut off point on the entry visa is important and being able to handle EVERYTHING that *may* crop up in his absence means less things for him to worry about while he is away.

Got it. But would you allow someone you barely know, who just arrived in your life, the ability to completely take over everything you worked to acquire all your life? General POAs can be a life-changer. Seen it happen.

[KayDeeCee 4,896]

I would have signed for my husband to have access to anything and everything, I did not barely know him though. I would not marry someone I barely knew.

[Christopherc 0]

I talked to a border agent with homeland "security" and they said they technically can put her in jail and fine her for staying past the K1 visa expiration date but they normally just fine people 100 dollars and let them go with a warning.

I need advice on one more thing, for the biometrics, my understanding is her last physical taken in Ukraine is good for a year, but that packet was given up at New York customs where she entered the USA. Does anyone know if she needs a physical again if she has no proof of the one she had earlier? If not, she needs vaccines (another pet peeve of mine, dangerous) and I need to know if that can be taken care of locally, or whether she is required to go to some central location to do it. Iuliia, my wife, is very stressed over finding the answer to this question because she will be alone and doesn't want to drive to Texas, the center which we are assigned to, about 1.5 hour drive and crossing a State line.

[Christopherc 0]

I am attaching a photograph of her which if she see's this, I am just about sure she will frown because she likes to choose which pictures I send to anyone, anonymous or not, for the most part as this is.

Edited January 29, 2014 by Christopherc

[DavenRoxy 1,073]

The medcial proof is the DS-3025 you sent in. It has the date it was completed. Nothing further should be needed unless it is incomplete.

[DavenRoxy 1,073]

I would have signed for my husband to have access to anything and everything, I did not barely know him though. I would not marry someone I barely knew.

I'd guess 95% of the couples here barely knew each other very well by the time they were married. Too many scammers and immoral people to make a general POA a safe bet.