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

[Umka36 781]

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.

On some level I can understand your viewpoint, but how do you determine/guarantee if the marriage will work? (length of time/trust/children/etc.). If you have your doubts, I suggest you visit more to better know your fiancée so you don't feel this way. As I said it earlier, no one can guarantee a marriage will last forever. People have been conned after years of marriage. I do wish you the best, but you have to also understand why others think differently than you.

[landr 126]

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.

Have you spoken to your fiancee about how you feel? Have you told her about your doubts and your approach once she's over here? Does she agree that you should hold off on AOS until you're both sure the marriage will work?

Otherwise, this sounds like some kind of test as another poster wrote. Not a great foundation for marriage when you don't trust her. And your holding out on her like that seems harsh given that this is the woman you love and want to marry.

Edited to add: anyway, we seem to be veering off on a bit of tangent and the OP seems to have disappeared. OP, if you come back to this thread: I believe the general advice is that there's no deadline to adjust, but it's beneficial to adjust as soon as possible to avoid accumulating unlawful presence once the I-94 has expired.

Edited November 23, 2014 by landr

[chaves 0]

I am in the same situation. It's been 2 months since we got married and until now we haven't filed our AOS.

[glazierguy 20]

Yes it seems people got off my topic quite a bit. I want to adjust as soon as possible. Im not purposely avoiding it, money is the issue. So technically even though we are married, once that one thing expires, we are pressing our luck. What expires? where is it, and what is it? Thanks alot

[Umka36 781]

If you can, borrow the funds so your spouse can AOS. The I-94 is what currently gives your spouse status in the US, once that expires she is out of status. Being married to a US citizen does not provide any status, the AOS does. I've repeated this multiple times before, but those doing the K1 really need to set aside/budget the AOS fees. People really need to plan things in advance when doing the K1 process, and the AOS should not be a surprise.

[glazierguy 20]

what is the 94 when did we get that? what is it? where is it? so i can find the date your talking about...thanks

[Pitaya 2,577]

what is the 94 when did we get that? what is it? where is it? so i can find the date your talking about...thanks

http://www.cbp.gov/travel/international-visitors/i-94-instructions

[Caryh 5,206]

Yes it seems people got off my topic quite a bit. I want to adjust as soon as possible. Im not purposely avoiding it, money is the issue. So technically even though we are married, once that one thing expires, we are pressing our luck. What expires? where is it, and what is it? Thanks alot

When the I-94 expires, so does your legal status.

You get the i-94 here https://i94.cbp.dhs.gov/I94/request.html

They used to give you a hard copy when you entered.

Although you're not legally in the USA once the I-94 expires, no one is going to go rushing to deport you. You have the means to adjust status legally no matter how long it takes you and your husband to scrape up the funds. But it can create a lot of issues, which I won't get into. And occasionally (this it pretty rare but not impossible) someone in this position gets caught up in an immigration sweep or check point and detained. You're then held until you're put in front of a judge who will order you to adjust status or face deportation. Then your option on how long you have to apply to adjust will be taken away. But you won't be able to drive, likely not be able to go to school, will not be able to work, you might run into issues getting insurance, etc... You need legal status to do those type of things, so its best not to wait.

[Lee&Ana 88]

This is an example of what I was talking about: http://www.visajourney.com/forums/topic/524857-k1-fraud/

[abner137 48]

From what I read, you have 90 days to get married AND file for adjustment of status. If you do not apply for adjustment of status within the 90 days, in addition to getting married, you are violating your K-1 visa status apparently, meaning you are here illegally, which can cause problems when applying for US citizenship. This link explains more. http://www.hooyou.com/k-1/k-1-whater-after.html

wrong. as long as you want.

[Umka36 781]

This is an example of what I was talking about: http://www.visajourney.com/forums/topic/524857-k1-fraud/

Then don't file the K1 if you are so worried. You seem to be so focused on being scammed that you are making every excuse possible to not file the AOS to test your fiancée (it may bite you in the end if you chose this path). I'm sorry to sound harsh but to me you look ridiculous to feel this way, when you are supposedly in love with your fiancée. How many times/visits have you been with your fiancée?

Might as well just find someone in the States if you are so worried about the I-864.

[KayDeeCee 4,893]

This is an example of what I was talking about: http://www.visajourney.com/forums/topic/524857-k1-fraud/

How about having a relationship and getting to know the person before committing to marriage and immigration? If you spend more time getting to know someone and developing a relationship with them first, then you are less likely to get into a scam situation.

[AliaAlia 9]

So in this OP's case, they got married within the 90-day mark, K1 will expire by the time AOS is filed.

But once AOS is filed, would that incur any problem afterwards? ( just because it was filed after K1's expiration date)

The reason why I'm asking is because I was in the same situation OP was in, I only filed my AOS 6 months AFTER my wedding. My K1 visa has been long expired by the time I filed my AOS.

I've completed my biometrics last few weeks and haven't gotten any news since (USCIS website said they've received my fingerprints).

I'm not sure whats the next step would be after biometrics but the worrywart in me is saying that the delay is caused by my 6 month out-of-status.

[Caryh 5,206]

So in this OP's case, they got married within the 90-day mark, K1 will expire by the time AOS is filed.

But once AOS is filed, would that incur any problem afterwards? ( just because it was filed after K1's expiration date)

The reason why I'm asking is because I was in the same situation OP was in, I only filed my AOS 6 months AFTER my wedding. My K1 visa has been long expired by the time I filed my AOS.

I've completed my biometrics last few weeks and haven't gotten any news since (USCIS website said they've received my fingerprints).

I'm not sure whats the next step would be after biometrics but the worrywart in me is saying that the delay is caused by my 6 month out-of-status.

Filing late has no affect what so ever on how long it takes to process. BTW your K-1 expired the day you entered the USA, the I-94 set your stay time limit, so that is what expired. The K-1 holder can wait as long as they want to file for the AOS. Technically they are present without authorization once the I-94 expires, until such time that the AOS application is accepted. But this very rarely becomes a legal issue, and about the worst that happens is you're ordered to adjust status within a certain time period. If they ever get new legislation through congress, someone, likely USCIS, is apparently trying to change and limit how much time the K-1 visa beneficiary has to file the AOS. I've seen the language where they want to limit it to 6 months, although it was not clear if that was 6 months from entry, marriage, or i-94 expiration. My guess was the intent was 6 months from entry. It also did not specify what would happen if you failed to adjust status by that time.

So put your worrywart nature aside, you're just fine. When my wife filed to adjust status it took 8 months, and we were fast at that time. Many filing at the same time waited close to year to get their green card.

[KayDeeCee 4,893]

So in this OP's case, they got married within the 90-day mark, K1 will expire by the time AOS is filed.

But once AOS is filed, would that incur any problem afterwards? ( just because it was filed after K1's expiration date)

The reason why I'm asking is because I was in the same situation OP was in, I only filed my AOS 6 months AFTER my wedding. My K1 visa has been long expired by the time I filed my AOS.

I've completed my biometrics last few weeks and haven't gotten any news since (USCIS website said they've received my fingerprints).

I'm not sure whats the next step would be after biometrics but the worrywart in me is saying that the delay is caused by my 6 month out-of-status.

The delay is not from filing when out of status. There truly is no deadline to file. As long as you married within 90 days of entry, then you are eligible to file for AOS. It makes no difference if you went out of status.

Maintaining status is not a requirement to file for adjustment from a K-1, which equals no deadline to file > http://www.uscis.gov/files/form/i-485instr.pdf

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission

Those that are approved without an interview are typically waiting longer than those that get interviewed. Some that are getting approved without interview are waiting 8 - 12+ months. You can check in the AOS progress forum for others that filed at the same time as you to compare timelines.