statute of limitations

[GermanCanadian89 7]

another question,

I hate to be annoying! I feel like I can`t find the answer through google, I must be googling wrong.

Some may know I`ve entered the US on k1. I have yet to file for adjustment of status yet. A lot of set backs so, we don`t have the funds just yet, almost but, not yet. Is there a statute of limitations on how long I`ve got to file for it? I know sooner the better, it can be a long process, but as of right now, am I not breaking any laws? or anything?

If so, Im totally screwed right now.

Edited September 18, 2014 by GermanCanadian89

[mstee81 28]

You have 90 to marry and file AOS.

[Caryh 5,206]

There is currently no limit on how much time you have to file to adjust status after marriage on a K-1. But you are not legally staying in the USA at present and accumulating unauthorized stay days. This is no big issue as long as you do adjust status married to a USC, then those unauthorized days are forgiven. The danger in what your doing is if you should come into contact with ICE or a Border Control agent, you can be detained, put through the courts, and theoretically deported. What actually happens is you hire a lawyer and the judge orders you to apply to adjust status within so many days. This is not a big danger in many parts of the country, but it is in areas where they do immigration check points or sweeps.

Edited September 18, 2014 by Caryh

[jxn 86]

I'm no expert but I recall a similar question recently on VJ. I believe the answer given by another poster was that you can apply for AoS at any time but after your ninety days it may be difficult to prove your legal status should you need to open a bank account, get an ID, et cetera.

I'm not sure what your legal status is until you have an NoA letter, but believe me that getting the EAD (work permit) is a huge benefit worth filing for ASAP.

With her EAD, my wife got her driver license and updated her Social Security card with her married name (she already had an SSN from before we met). With your state ID / driver license, you don't need to walk around with your foreign passport as identification, which can be a huge hassle to replace if lost or stolen.

File your AoS!

[Udella&Wiz 325]

Not quite true - you have 90 days to marry after entering on the K1...when you file AOS is not time driven.

For obvious reasons filing it promptly is to the persons's advantage because they are out of official status after the 90 day mark

Presumably the OP has married or will within the 90 days?

You have 90 to marry and file AOS.

Edited September 18, 2014 by Udella&Wiz

[d3adc0d3 186]

You have 90 to marry and file AOS.

Incorrect. You have 90 days to marry.

You can file the AoS anytime after you're married so long as you're married within that 90 days.

As the previous poster stated you'll be accumulating 'unauthorized stay' time after the 90 days, but all is forgiven so long as you file the AoS. Many people don't file until after the 90 days and it's not an uncommon scenario.

However if you get detained by ICE or the border patrol, they can try and deport you, with a lawyer's hired assistance, you'll simply get ordered to file within X amount of time. Unlikely that it'll be an issue unless you live on the border and your husband/wife goes off without you.

[Caryh 5,206]

I'm not sure what your legal status is until you have an NoA letter, but believe me that getting the EAD (work permit) is a huge benefit worth filing for ASAP.

The status would be staying without authorization when the I-94 expires. This is not a legal status to be in the USA, but hardly uncommon with K-1 entrants either. Easily fixed, but you don't want to do it the hard way by being picked up.

[Caryh 5,206]

Incorrect. You have 90 days to marry.

You can file the AoS anytime after you're married so long as you're married within that 90 days.

As the previous poster stated you'll be accumulating 'unauthorized stay' time after the 90 days, but all is forgiven so long as you file the AoS. Many people don't file until after the 90 days and it's not an uncommon scenario.

However if you get detained by ICE or the border patrol, they can try and deport you, with a lawyer's hired assistance, you'll simply get ordered to file within X amount of time. Unlikely that it'll be an issue unless you live on the border and your husband/wife goes off without you.

Well its not wrong, its just an incomplete answer, which makes it sound a bit scary. The last immigration bill under discussion of congress, which went nowhere of course, has a provision which would require applying to adjust status within 6 months. So I think more than one person has seen the indefinite period to apply to adjust status as a problem and it might end up being a closed ended option.

[Boiler 44,852]

at leat one person on here up in Jail having being picked up after 90 days.

[mrs thb 331]

Perhaps you not need to worry so much about not applying for aos immediately after marrying but more about what happens should you need to get back into Canada should the need arise. This was the case for us. I was worried that something would come up and I could not return because we delayed the aos process. Sure you can apply for ap but that may not something you can do if you haven't applied for aos. We didn't get that far in the process, hence did the ir1/cr1 route.

You may want to reconsider how long you put off aos'ing I'd you need to return to canada in the near future.

[GermanCanadian89 7]

Alright, I think I`m understanding a little more.

Basically, if I need to go back home, I`m a little screwed because, I can`t return on the visa.

If I get caught by border control; I get detained but, what are the odds of that happening? Im not crossing the border or anything like that.

Another issue that was just brought to my attention, I was able to get my social, I just went to do my permit, and this is why I asked this question because, they asked if I was in the process of adjusting my status. So, without being in the process of AOS, bascially I won`t get my drivers license? Because they said they have to send everything off to DHS now, and I`ll hear from them in 3 weeks in regards to, if I will be able to obtain my DL... I really don`t have time for this! I have a new born here, this is such an inconviences. Why do they have to make it so difficult! And it`s not like I can drive in this state with my Candian license because, they have a law against that! (OMG!)

There are no legal consequences of not filing AOS immideitaley but, there are other issues now. IE, State ID or DL

I guess I should start filling those forms out. What does AOS do? I really dont know my next steps after K1. My husband I spoke about work, I`m not working for a while so, I`m not too worried about that. I just want to be able to stay here, Legally, that`s all. I don`t want to get in trouble for anything.

Edited September 19, 2014 by GermanCanadian89

[Caryh 5,206]

Alright, I think I`m understanding a little more.

Basically, if I need to go back home, I`m a little screwed because, I can`t return on the visa.

If I get caught by border control; I get detained but, what are the odds of that happening? Im not crossing the border or anything like that.

Another issue that was just brought to my attention, I was able to get my social, I just went to do my permit, and this is why I asked this question because, they asked if I was in the process of adjusting my status. So, without being in the process of AOS, bascially I won`t get my drivers license? Because they said they have to send everything off to DHS now, and I`ll hear from them in 3 weeks in regards to, if I will be able to obtain my DL... I really don`t have time for this! I have a new born here, this is such an inconviences. Why do they have to make it so difficult! And it`s not like I can drive in this state with my Candian license because, they have a law against that! (OMG!)

There are no legal consequences of not filing AOS immideitaley but, there are other issues now. IE, State ID or DL

I guess I should start filling those forms out. What does AOS do? I really dont know my next steps after K1. My husband I spoke about work, I`m not working for a while so, I`m not too worried about that. I just want to be able to stay here, Legally, that`s all. I don`t want to get in trouble for anything.

Technically you have not been here legally once your I-94 expired. That was your original authorization to be in the USA with your K-1, and you were legally authorized to be here for 90 days in order to marry and apply to adjust status. And there are legal consequences should you get picked up. ie.. you'll be detained, you'll need to hire a lawyer, you'll be sent to immigration court. The last K-1 to report getting picked up here, well their USC spouse reported it as her husband was in lock up yet, reported her husband had taken a bus and ICE just happened to make a sweep and check the bus as many illegal immigrants ride public transportation. How likely this is depends on where you live. I know a K-1 immigrant on VJ who was taking a bus from Ohio to NYC and the bus was stopped and people where checked, some were removed from the bus and detained. She had adjusted status, so she was OK.

AOS gets you your green card, which makes you a legal resident of the USA. Also apply for the EAD and AP. Those two are free when you file at the same time as applying for the green card.

[GermanCanadian89 7]

Alright, I guess we'll need to get this done asap! I don't plan on riding transit so, I think I'll be okay for another month. Money's been super tight and, we're just getting back on our feet. And my Mat Leave finally came last friday -- that was applied for back in May, what a headace that was!

I guess, if it's free, i'll apply for a EAD but, I guess I just won't be working. I thought they're separate forms with two fees.

Thanks everyone!

[Caryh 5,206]

Alright, I guess we'll need to get this done asap! I don't plan on riding transit so, I think I'll be okay for another month. Money's been super tight and, we're just getting back on our feet. And my Mat Leave finally came last friday -- that was applied for back in May, what a headace that was! I guess, if it's free, i'll apply for a EAD but, I guess I just won't be working. I thought they're separate forms with two fees. Thanks everyone!

And the Advance parole just in case you need to make a trip back to Canada! Better to have it and not need it, than to need it and not have it.

Its always a headache dealing with any government office! You should see what its like dealing with the government in my wife's country. My lord, I don't really complain near as much about the USA's after learning how things work there!

[S & P 10]

What State do you live in? Some will allow you to drive for one year on your Canadian license. Check the website of your State's License branch and it should say something about canadian DL's