How long do we have after K1 visa marriage to adjust?

[Caryh 5,206]

I just do not see any benefit or reason for not adjusting status as soon as possible after wedding, but quite the contrary in fact.

The only benefit, is if they wait until after they've been married two years, they get a 10 year card and can skip ROC. Not much of a benefit in my view considering all the problems not having it bring up. But if the immigrant is not going to work or drive, and you have the SS number, maybe it can be worked out for some. I know my wife's AOS was in almost a month before her 90 days was up. It would have been sooner, but we ate into the set aside AOS money with the wedding, so I had to recoup about half of it.

[Bjorn&lyne 20]

I did not know there is a time limit on the BC like 10 years. I got my GC through work and that was indefinite. My goal though was to become a citizen ASAP, so in my view it makes sense to get the AoS ASAP and the GC in order to pursue citizenship or at least have that as an option after 3 years of marriage on a GC.

[KayDeeCee 4,893]

Which is related to having applied to adjust status and having AP. My entire comment was relating to those who do not apply to adjust status and need to leave in an emergency.

Ok, gotcha. But if they had 6 months or more of overstay and then left before filing AOS, they would not only incur a ban but no longer be eligible to file for AOS. Back to waiting and filing for a spousal visa. Not sure why anyone would want to do such a thing, but alas, people do silly stupid things all the time.

[Caryh 5,206]

Ok, gotcha. But if they had 6 months or more of overstay and then left before filing AOS, they would not only incur a ban but no longer be eligible to file for AOS. Back to waiting and filing for a spousal visa. Not sure why anyone would want to do such a thing, but alas, people do silly stupid things all the time.

And require a waiver to get around that ban. Which could be done for a spouse, but it takes longer. I've seen it happen, usually because of the death of parent of the immigrant. The question is, at that point they find the money for a ticket, but they could never manage to find the money to AOS. Maybe its because of the assumption by many, that once a K-1 entrant marries, they've done all they really need to do and no one can make them leave. For some reason they think the K-1 is magic and after they marry, they're here legally but just can't work. When in reality, they are not legally in the USA after the I-90 expires until they actually file to adjust status. I've had many people argue vehemently against me claiming they're legal here as soon as they marry.

[Umka36 781]

And require a waiver to get around that ban. Which could be done for a spouse, but it takes longer. I've seen it happen, usually because of the death of parent of the immigrant. The question is, at that point they find the money for a ticket, but they could never manage to find the money to AOS. Maybe its because of the assumption by many, that once a K-1 entrant marries, they've done all they really need to do and no one can make them leave. For some reason they think the K-1 is magic and after they marry, they're here legally but just can't work. When in reality, they are not legally in the USA after the I-90 expires until they actually file to adjust status. I've had many people argue vehemently against me claiming they're legal here as soon as they marry.

I know you meant the I-94 not I-90 expiration. Some people believe being married to a US citizen gives them some special legal status when it does, the I-485 provides that. If you are the K1 beneficiary, I would be worried if the AOS drags along and you get divorce before the AOS is filed. I know VJ is a small sample, but I read a lot about relationships not working out usually before the 2 year mark.

[Caryh 5,206]

I know you meant the I-94 not I-90 expiration. Some people believe being married to a US citizen gives them some special legal status when it does, the I-485 provides that. If you are the K1 beneficiary, I would be worried if the AOS drags along and you get divorce before the AOS is filed. I know VJ is a small sample, but I read a lot about relationships not working out usually before the 2 year mark.

excuse, yes certainly meant the I-94. I was replying too early in the morning and the typo went unnoticed. Per SandraJ, it is possible to complete the I-495 filing even if a divorce occurs before its completed. I don't believe its easy, but apparently there are ways and I doubt its a DIY process though.

As to failed marriages, see on both CR-1s and K-1s. I think a bit too much of not knowing each other, adjustment to a new country, adjustment to being married, and adjustment to different cultures, all thrown together. My wife came on a K-1, and we'd known each other almost 10 years, yet still there were times I worried our marriage wouldn't get through the adjustment period.

[Lee&Ana 88]

I would be more concerned about if they were to get divorce before the AOS is filed, because the beneficiary would be SOL having no basis to AOS. That's something to think about if you are the beneficiary, unless that's the plan of the petitioner to be sure the marriage/relationship works out (which would be wrong in my opinion).

[Lee&Ana 88]

This would ensure that the relationship is legitimate and the petitioner would not be on the hook for what could be potentially a beneficiary just getting married for a green card. There are a lot of stories of beneficiaries divorcing ASAP and can do so because they have status. If they are without status they cannot do that. It would give the marriage enough time to blossom or wither and the petitioner would not be responsible for what is essentially a green card marriage. K1 visa couples have to marry within 90 days, but i don't think 90 days is really enough time to determine if the marriage is going to work. I am thinking of bringing my fiancé over here but not adjusting status right away until I know the marriage will work. If there is no AOS and the marriage doesn't work I am not responsible for anything and life goes on. The petitioner is taking all the risk and the potential for being on the hook indefinitely is huge.

[Umka36 781]

This would ensure that the relationship is legitimate and the petitioner would not be on the hook for what could be potentially a beneficiary just getting married for a green card. There are a lot of stories of beneficiaries divorcing ASAP and can do so because they have status. If they are without status they cannot do that. It would give the marriage enough time to blossom or wither and the petitioner would not be responsible for what is essentially a green card marriage. K1 visa couples have to marry within 90 days, but i don't think 90 days is really enough time to determine if the marriage is going to work. I am thinking of bringing my fiancé over here but not adjusting status right away until I know the marriage will work. If there is no AOS and the marriage doesn't work I am not responsible for anything and life goes on. The petitioner is taking all the risk and the potential for being on the hook indefinitely is huge.

A K1 one visa is not a trial visa to see if the marriage works, and you should know your fiancé/fiancée before you even think about marrying them . If you have your doubts then don't marry your fiancée, it a bit cruel to drag them on to thinking they will have a life here especially when they gave up everything to be with you. This type thinking is like the TLC show "90 Day fiancé". Nothing in life is a guarantee, especially marriage.

If I were you, I would withdraw the K1 if you already have doubts/concerns if your relationship will last after marriage (it's unfair to the both of you). Why not just continue your courtship to get to know her better, than rushing the process? I don't know if you have been married before, but from my experience (only been married once, for her as well) love alone is not enough. We fight like any other couples and there are times I ask myself why we got married (I don't think logically when I get mad), but have never once thought about "returning" her or the I-864 responsibility. It ultimately your call, but hopefully you have discussed this with your fiancée.

[landr 126]

If there is no AOS and the marriage doesn't work I am not responsible for anything and life goes on. The petitioner is taking all the risk and the potential for being on the hook indefinitely is huge.

If I were your fiancee, I would be extremely disappointed that you felt this way. And I'd hope that you came to your sense and either committed 100% to this endeavour or told me that you aren't sure about us so that I can let you go and find someone who is sure.

[Lee&Ana 88]

If I were your fiancee, I would be extremely disappointed that you felt this way. And I'd hope that you came to your sense and either committed 100% to this endeavour or told me that you aren't sure about us so that I can let you go and find someone who is sure.

How I am not 100% committed? I am spending a lot of money, time and trouble to bring her to a country where she will actually have an opportunity to thrive and not just exist in squalor. And you wouldn't be disappointed that you were my fiancé because you don't know anything about me and want to be insulting because you don't agree with my viewpoint.

Edited November 22, 2014 by Lee&Ana

[belinda63 3,038]

The problem, as I have stated before, with delaying the AOS is not only the risk of detention and deportation (small) but also the risk of something happening to the USC and leaving the spouse in a lurch. Without legal status there is not much they can do if you get seriously hurt or die. Even if you don't file for AOS they can file for VAWA although just not filing for AOS is not enough, but if they feel you are refusing to file as a way to control them then we are entering the VAWA area.

If you love your spouse you would not willing deprive them of the benefits of legal status in the US just to protect yourself in case the marriage doesn't work out. Just by not having legal status, being able to work or drive, and not being able to contribute to the family in some ways could create stress on the relationship.

[Transborderwife 4,666]

I have to agree. Not being able to drive, work, etc is very oppressing. There's a difference between not wanting/needing to do those things and not having the choice to so those things. What's the point in bringing somebody over in the first place if you're not willing to give them the quickest ways of obtaining those freedoms? Quite oppressive to me. Kind of reminds me of when I was a child and if I was a good girl I'd get a treat.

[N-o-l-a 7,167]

I have to agree. Not being able to drive, work, etc is very oppressing. There's a difference between not wanting/needing to do those things and not having the choice to so those things. What's the point in bringing somebody over in the first place if you're not willing to give them the quickest ways of obtaining those freedoms? Quite oppressive to me. Kind of reminds me of when I was a child and if I was a good girl I'd get a treat.

Because they don't view their spouses as equal human beings with equal rights. They are just toys who put up with their potentially abusive behavior when no American in their right mind would.

I'm pretty sure if you forbade your spouse from driving, refused to allow them to work, and cut off their means of free travel into and out of the country they currently reside in, that it would be considered an abusive relationship. I don't see the difference just because the spouse is an immigrant.

[Transborderwife 4,666]

Agreed. The emotional abuse could backfire though. The spouse could obtain a greencard through vawa.