K1/AOS/Extension of I-94

[markus21 0]

Question:

My fiancee entered the U.S. and we were married within 90 days. It has now been more than 90 days since she entered and I have not sent in her adjustment of status.

(1) Is this a problem?

(2) Can I file an extension for her I-94?

Thank you....

[scy 0]

Question:

My fiancee entered the U.S. and we were married within 90 days. It has now been more than 90 days since she entered and I have not sent in her adjustment of status.

(1) Is this a problem?

(2) Can I file an extension for her I-94?

Thank you....

1. Yes it is a problem. File AOS right away. Her overstay will be forgiven but it really should be done very soon.

2. No you can't file for extension of status on a K-1.

Edited March 13, 2006 by scy

[markus21 0]

Question:

My fiancee entered the U.S. and we were married within 90 days. It has now been more than 90 days since she entered and I have not sent in her adjustment of status.

(1) Is this a problem?

(2) Can I file an extension for her I-94?

Thank you....

1. Yes it is a problem. File AOS right away. Her overstay will be forgiven but it really should be done very soon.

2. No you can't file for extension of status on a K-1.

Okay. Two questions:

How is it a problem?

How long can she overstay before it is NOT forgiven?

[scy 0]

Question:

My fiancee entered the U.S. and we were married within 90 days. It has now been more than 90 days since she entered and I have not sent in her adjustment of status.

(1) Is this a problem?

(2) Can I file an extension for her I-94?

Thank you....

1. Yes it is a problem. File AOS right away. Her overstay will be forgiven but it really should be done very soon.

2. No you can't file for extension of status on a K-1.

Okay. Two questions:

How is it a problem?

How long can she overstay before it is NOT forgiven?

How is it a problem? Your wife made a promise to the US government when she applied for the K-1 visa that she would marry you and adjust status in the US within 90 days of entering the US. She accomplished the first part but hasn't done the second part. So legally, she has to leave the US, or they can deport her.

As to the overstay question, I don't know. I'm not a lawyer, but I would suggest that your wife keeps it under 180 days. A 3 years bar from the US will accumulate after 180 days.

[markus21 0]

Question:

My fiancee entered the U.S. and we were married within 90 days. It has now been more than 90 days since she entered and I have not sent in her adjustment of status.

(1) Is this a problem?

(2) Can I file an extension for her I-94?

Thank you....

1. Yes it is a problem. File AOS right away. Her overstay will be forgiven but it really should be done very soon.

2. No you can't file for extension of status on a K-1.

Okay. Two questions:

How is it a problem?

How long can she overstay before it is NOT forgiven?

How is it a problem? Your wife made a promise to the US government when she applied for the K-1 visa that she would marry you and adjust status in the US within 90 days of entering the US. She accomplished the first part but hasn't done the second part. So legally, she has to leave the US, or they can deport her.

As to the overstay question, I don't know. I'm not a lawyer, but I would suggest that your wife keeps it under 180 days. A 3 years bar from the US will accumulate after 180 days.

Thank you for your reply. It is my understanding that you must marry within 90 days. I have never seen anything stating you must file an adjustment of status within 90 days. Additionally, if one marries on the 90th day, it is nearly impossible to adjust the status as it takes time to obtain a certified marriage certificate etc.

[scy 0]

Thank you for your reply. It is my understanding that you must marry within 90 days. I have never seen anything stating you must file an adjustment of status within 90 days. Additionally, if one marries on the 90th day, it is nearly impossible to adjust the status as it takes time to obtain a certified marriage certificate etc.

You are correct that the law only requires your fiancee to marry within 90 days. However, after 90 days her status expires. If doesn't apply for AOS, then she is out of status and will accumulate overstay until she applies for AOS. So effectively, to be fully legal, the fiancee must marry and apply for AOS within 90 days.

If you choose to marry on the 90th day, that was your choice to wait until the last minute. Immigration is an inherent risky process with no guarantees. Why risk future problems because you couldn't get to a courthouse in 3 months to get married?