Extension on K-1s

[John & Annie 0]

Out of status does not equal illegal.

I believe it does.

There in no law that says you must adjust it only states you should adjust.

True, you do not have to adjust. You are free to get married and leave

Wrong, very wrong

there is nothing that says you must adjust. You can remain in a non-status for all eternity.

One of us it wrong, and I am pretty damn sure it is not me...

Bartek

I have no problem being wrong, but in this case i am not.

We verified this info.

Please provide your proof to the contrary and I will be more than happy to be wrong

Well I wish someone would tell me who is the wrong one?? I guess the safe thing to do is go look on the official USCIS website.

That would be very wise of you.

And yes you should adjust as soon as you can, if you want to. We do regret waiting so long.

[brtlmj 0]

We checked again and again with USCIS and attorney's.

There is no condition on the K-1 that states you must adjust and there is no time frame given.

It clearly states you should adjust.

You do not have to adjust. If you adjust you do not have to remove conditions later. In both cases you are free to leave. However, if you neglect to do either, you are out of status and deportable.

Bartek

[John & Annie 0]

We checked again and again with USCIS and attorney's.

There is no condition on the K-1 that states you must adjust and there is no time frame given.

It clearly states you should adjust.

You do not have to adjust. If you adjust you do not have to remove conditions later. In both cases you are free to leave. However, if you neglect to do either, you are out of status and deportable.

Bartek

How can that be when the USCIS code states that overstay (if overstay were relevant) is forgivable for spouses.

Please provide your proof

[brtlmj 0]

I have no problem being wrong, but in this case i am not.

We verified this info.

Please provide your proof to the contrary and I will be more than happy to be wrong

"Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S."

http://travel.state.gov/visa/temp/info/info_1298.html#Longer

How can that be when the USCIS code states that overstay (if overstay were relevant) is forgivable for spouses.

Please provide your proof

Forgivable offence, but offence nevertheless. So is illegal work. Do you claim that it is OK as well?

Bartek

Edited February 22, 2007 by brtlmj

[brtlmj 0]

Well I wish someone would tell me who is the wrong one?? I guess the safe thing to do is go look on the official USCIS website.

What we are arguing is a technicality. Do not worry about it, you will be fine.

Do not try to live forever in the US without adjusting, though...

Bartek

[John & Annie 0]

I have no problem being wrong, but in this case i am not.

We verified this info.

Please provide your proof to the contrary and I will be more than happy to be wrong

"Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S."

http://travel.state.gov/visa/temp/info/info_1298.html#Longer

Bartek

There is no period of time for the K1 visa. The only requirement is that you are married within 90 days of entry.

Once you are married you have fulfilled the terms of Visa and are now a spouse.

[brtlmj 0]

There is no period of time for the K1 visa.

You will find the end of your authorised stay on your I-94. Being a spouse of USC makes you eligible for AOS but does not make you legal in the US by itself.

Bartek

[John & Annie 0]

I have no problem being wrong, but in this case i am not.

We verified this info.

Please provide your proof to the contrary and I will be more than happy to be wrong

"Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S."

http://travel.state.gov/visa/temp/info/info_1298.html#Longer

How can that be when the USCIS code states that overstay (if overstay were relevant) is forgivable for spouses.

Please provide your proof

Forgivable offence, but offence nevertheless. So is illegal work. Do you claim that it is OK as well?

Bartek

No, I am not one of those.

My wife and I met with an immigration officer at USCIS in Los Angeles and they clearly told us that this is a loophole in the immigration process. That as long as my wife showed that she entered legally and met the terms of the visa, she was ok.

That being said, yes it is a technicality we are arguing. But the point is that there is no real requirement to adjust. I would still advise anyone to adjust as soon as possible.

[brtlmj 0]

My wife and I met with an immigration officer at USCIS in Los Angeles and they clearly told us that this is a loophole in the immigration process. That as long as my wife showed that she entered legally and met the terms of the visa, she was ok.

That being said, yes it is a technicality we are arguing. But the point is that there is no real requirement to adjust. I would still advise anyone to adjust as soon as possible.

Well, let's agree to disagree. My opinion is that someone who enters as a K1, gets married and never adjusts:

- is in the US illegally,

- should be prepared for a very nasty surprise.

Bartek

[John & Annie 0]

My wife and I met with an immigration officer at USCIS in Los Angeles and they clearly told us that this is a loophole in the immigration process. That as long as my wife showed that she entered legally and met the terms of the visa, she was ok.

That being said, yes it is a technicality we are arguing. But the point is that there is no real requirement to adjust. I would still advise anyone to adjust as soon as possible.

Well, let's agree to disagree. My opinion is that someone who enters as a K1, gets married and never adjusts:

- is in the US illegally,

- should be prepared for a very nasty surprise.

Bartek

There is a discussion on this very thing in another forum.

It kinda makes my stomach turn if we were incorrectly advise by an Immigration officer.

I have no problem disagreeing, and yes, you can not take anything for granted during this process.

I will report back when i have more answers

[Anja_and_Henry 0]

The biggest problem about not adjusting is (for me anyway) not to be able to travel outside the country, outside is not the issue it is coming back - it will not happen and you have to start all over again.

Second problem is that you can not work and we kind of all need to work I guess. Or can you get an EA without AOS?

I have no clue about how illegal people are that are out of status and when at the longest you have to file for AOS.

Anja

[Miranda&James 8]

OK now I'm confused again...... Well I still plan on filing as close to my 90 day ending period as possible. USCIS would no doubt notice I hadn't filed a few weeks after or even a month but I would hope a few days wouldn't be caused for alarm. I know everything will work out ....I'm just nervous when it comes to dealing with a new government that I really know next to nothing about.

Some people have waited over a year or even longer to file and still gone through fine, so filing after 90 days won't throw up any red flags, don't worry You can pretty much ignore the debate in here - while it is definitely useful information it's got nothing really to do with your initial question. If you file after 90 days you will be fine, yes, just wait for your marriage certificate and then file.

[meauxna 15]

My wife and I met with an immigration officer at USCIS in Los Angeles and they clearly told us that this is a loophole in the immigration process. That as long as my wife showed that she entered legally and met the terms of the visa, she was ok.

That being said, yes it is a technicality we are arguing. But the point is that there is no real requirement to adjust. I would still advise anyone to adjust as soon as possible.

Well, let's agree to disagree. My opinion is that someone who enters as a K1, gets married and never adjusts:

- is in the US illegally,

- should be prepared for a very nasty surprise.

Bartek

There is a discussion on this very thing in another forum.

It kinda makes my stomach turn if we were incorrectly advise by an Immigration officer.

I have no problem disagreeing, and yes, you can not take anything for granted during this process.

I will report back when i have more answers

I thought this had already been settled...

"Spouse of a US Citizen" is not a valid imigration status. A person who has only that claim is not a legal US resident. True, no one is going to make you apply to adjust status, but don't kid yourself that merely by satisfying the K-1 visa (temporary) terms that you have nothing left to do to be a legal US resident.

Out of status time accumulates starting on Day 91, accumulate enough and leave the US and there will be a ban on your return, same as their would be for any other non-immigrant.

I know that you don't find a 'required to AOS' date posted anywhere, but I don't see how you conflate that with 'never need to file AOS'.

[calidreamer80 0]

I have no intention of not filing for AOS. My initial worry was that if I didnt right ON March 2nd that I would be kicked out of the country. I still have every intention of filing before March 2nd but may have to postpone by a few days if that marriage certificate doesn't get here in time.

[John & Annie 0]

Time for me to eat Crow.

Yes you are right, technically overstay starts at day 91.

We were misinformed by an Immigration officer. Thats a real shock, not!!!

Spouse of a US Citizen" is not a valid imigration status. A person who has only that claim is not a legal US resident. True, no one is going to make you apply to adjust status, but don't kid yourself that merely by satisfying the K-1 visa (temporary) terms that you have nothing left to do to be a legal US resident.

That was not my thinking, we were informed by an immigration officer that as long as we showed legal entry and marriage within the 90 days, there was no time limit on filing AOS.

Edited February 22, 2007 by John & Annie