K1 VISA EXPIRING

[Girl from Celebes 588]

Also if I have read up correctly on similar questions... After some point you have to file the I-130 and the I-485, I-765 and I-131 so the new total to pay is $1070 plus the $420 for the I-130... is that correct?

No need to file I-130 if you adjust from K-1 visa.

[Darnell 8,478]

Also if I have read up correctly on similar questions... After some point you have to file the I-130 and the I-485, I-765 and I-131 so the new total to pay is $1070 plus the $420 for the I-130... is that correct?

yes, that was one path previously, if filing 2 years after marriage date, but

recently USCIS changed that bit, the I-130 not being required.

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Query to anyone reading the below stuff:

Do you get a feeling that the OP really, really, really not read the AOS Guide here, prior to posting his long list of questions? I do - I mean, come on - who relies on the K-1 visa expiration date after arriving in the USA?

[Enigma23 68]

yes, that was one path previously, if filing 2 years after marriage date, but

recently USCIS changed that bit, the I-130 not being required.

-----

Query to anyone reading the below stuff:

Do you get a feeling that the OP really, really, really not read the AOS Guide here, prior to posting his long list of questions? I do - I mean, come on - who relies on the K-1 visa expiration date after arriving in the USA?

Thank you Darnell!! I couldn't quite recall the scenarios in which I have seen it (it's early and only one cup of coffee.. lol) But I found it!! I found the situation I was thinking of.. It's marrying AFTER the 90 days!!!!

From FAQ

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

[Darnell 8,478]

ya, sorry - need more coffee myself -

marry after 90 days, holding a K-1 visa in the passport? yup - must add in the I-130.

[NikLR 13,227]

OP is married, point about I-130 is moot. Original poster needs to read the AOS guides. Please please :-)

[Caryh 5,206]

Also if I have read up correctly on similar questions... After some point you have to file the I-130 and the I-485, I-765 and I-131 so the new total to pay is $1070 plus the $420 for the I-130... is that correct?

The I-130 is only needed if they failed to marry in 90 days of entry.

[Glyn and Kathy 288]

Do people honestly come here on a K-1 and not know the next steps?? That's two posts I read on here today that have the OP questioning what to do next.

[sweetswinks 400]

For number 2, that is incorrect. When you submit your AOS you DO NOT need to submit the petiotioner's (USC) birth certificate. When and IF you get an interview, they will ask you to provide a document that shows you are a USC. The IO at my interview asked us for both of our passports. We brought both birth certificates.

I hope this helps.

I didn't say OP needed to send the petitioners birth certificate in the I-485 packet, her question was:

2. What documents are required to apply for ADJUSTMENT OF STATUS

I was just saying the documents needed - always best to have everything ready for when the time comes for an interview they might ask for it, also if she uses a co-sponsor - they need their birth certificate

[llindsay 21]

6.1)...How soon after we get married should we apply for Adjustment of Status?
A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS within 90 days or arriving. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, many experiences have shown this is not a major issue with local USCIS (INS) offices.

[MO.FAISAL 0]

thank u everyone. this is helpful.

[KayDeeCee 4,893]

Of course I know that only an I-485 will give the OP lawful status, I was referring to the fact there is no AOS time frame set out to do such. If she were to adjust status 130 days after her arrival, way past her 90 days, and she were to stay out of trouble, I still don't see her being deported.

edit: tired eyes typing

You become out of status once the I-94 expires and you have not filed for AOS yet. There is no deadline to file for AOS as long as you married within the 90 days, but being eligible to file for AOS does not keep you from becoming unlawfully present. You only enter a new period of authorized stay once the I-485 is filed. They wouldn't get deported, but there is always a chance of being detained and having to go in front of the immigration judge that would decide whether or not you should be deported. Even if you are not deported in the end, who would want to go through any of that? See this post as one example > http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

[sweetswinks 400]

You become out of status once the I-94 expires and you have not filed for AOS yet. There is no deadline to file for AOS as long as you married within the 90 days, but being eligible to file for AOS does not keep you from becoming unlawfully present. You only enter a new period of authorized stay once the I-485 is filed. They wouldn't get deported, but there is always a chance of being detained and having to go in front of the immigration judge that would decide whether or not you should be deported. Even if you are not deported in the end, who would want to go through any of that? See this post as one example > http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

That was an insightful read, thank you!

[mitcha32 4]

My husband and I filed for our AOS about a month after k1 visa expired. We DID get married before the 90 days however trying to get all documents ready was a task for us . Hope all goes well with you and yours!