Affidavit of Support-Void after marriage?

[RebeccaP 4]

Hello! Even though the affidavit of support for the K-1 Visa is apparently not enforceable by law, does any implication of responsibilty become void after the official marriage? Thanks for your help!

[Pennycat 880]

Hello! Even though the affidavit of support for the K-1 Visa is apparently not enforceable by law, does any implication of responsibilty become void after the official marriage? Thanks for your help!

To apply to adjust status (AOS) aka apply for green card aka the thing you're not eligible for until you're married but must be applied for in 90 days, you sign another affidavit of support which is thr one that is legally enforceable for 10 years or until the foreign national leaves the country or becomes a citizen, even in the case of divorce. The one for K1 is their way to make sure that you'll be able to adjust status. They don't want to let you come here to get denied for AOS.

[Darnell 8,478]

the I-134? it's my understanding it expires on day 91 past the POE date.

[Darnell 8,478]

To apply to adjust status (AOS) aka apply for green card aka the thing you're not eligible for until you're married but must be applied for in 90 days, you sign another affidavit of support which is thr one that is legally enforceable for 10 years or until the foreign national leaves the country or becomes a citizen, even in the case of divorce. The one for K1 is their way to make sure that you'll be able to adjust status. They don't want to let you come here to get denied for AOS.

Sorry, there is no 90 day requirement in which it's mandated by law to file the Adjustment of Status. That's just wrong. In fact, there is no time limit on it.

[Pennycat 880]

Sorry, there is no 90 day requirement in which it's mandated by law to file the Adjustment of Status. That's just wrong. In fact, there is no time limit on it.

Sorry. ..maybe I'm confused. I thought that to maintain legal status, AOS was necessary? And that K1 status runs oit after 90 days? Is it only the marriage that needs to occur? And if so, what is the legal status of the alien after those 90 days?

[Darnell 8,478]

one can have a gap in legal presence if :

1. marry within 90 days

2. file the Adjustment of status anytime , up to 2 years after marriage date

and

when the first receipt notice comes in, a new period of authorized stay commences

and

any overstay between the gap is automagically forgiven when the greencard arrives.

It's a benefit, being married to a USA citizen and filing for Adjustment of status, adjusting from a K-1 visa.

Hang in there, you'll get it soon, I note (by yer posts) that yer coming along...

[newacct 688]

Hello! Even though the affidavit of support for the K-1 Visa is apparently not enforceable by law, does any implication of responsibilty become void after the official marriage? Thanks for your help!

I don't understand your question. If it's not legally binding, then it's not legally binding, before marriage, after marriage, or any other time.

[JoeyKeano 21]

R

[Darnell 8,478]

S

[KayDeeCee 4,893]

Hello! Even though the affidavit of support for the K-1 Visa is apparently not enforceable by law, does any implication of responsibilty become void after the official marriage? Thanks for your help!

The I-134 is not legally binding. It does not matter if before or after marriage. The government cannot sue the sponsor based on the I-134. When you need to file for AOS, then you must provide the legally binding I-864. Those obligations, and how long they last are listed on the form before the signature in Part 8.

Sorry. ..maybe I'm confused. I thought that to maintain legal status, AOS was necessary? And that K1 status runs oit after 90 days? Is it only the marriage that needs to occur? And if so, what is the legal status of the alien after those 90 days?

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

[Pennycat 880]

Sorry, there is no 90 day requirement in which it's mandated by law to file the Adjustment of Status. That's just wrong. In fact, there is no time limit on it.

The I-134 is not legally binding. It does not matter if before or after marriage. The government cannot sue the sponsor based on the I-134. When you need to file for AOS, then you must provide the legally binding I-864. Those obligations, and how long they last are listed on the form before the signature in Part 8.

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

Ah ok. I did think that it was required to AOS---which it seems like it is unless you want to run the risk of being here out of status/accruing unlawful presence?

Either way, point to the OP: no, THAT piece of paper is not legally binding, but the one that you more than likely will need to sign (if you are interested in your spouse having a green card and being here legally) IS. The I-134 is almost like a pre-screening to make sure that you will be financially eligible to AOS, when the support is binding.

More correct?

[Pennycat 880]

one can have a gap in legal presence if :

1. marry within 90 days

2. file the Adjustment of status anytime , up to 2 years after marriage date

and

when the first receipt notice comes in, a new period of authorized stay commences

and

any overstay between the gap is automagically forgiven when the greencard arrives.

It's a benefit, being married to a USA citizen and filing for Adjustment of status, adjusting from a K-1 visa.

Hang in there, you'll get it soon, I note (by yer posts) that yer coming along...

Thanks. It still feels like never. I'm really trying to not think about my timeline or CSC or the fact that people who applied months after me have already been married for a month or more

I'm mostly just hoping that we're done with this before the new year, and trying to not think about this wasted 6 months of our lives.

Also though--question. If you don't AOS for 2 years....what happens if the foreign national is arrested or pulled over or generally has a run-in with authority in those two years?

[RebeccaP 4]

Thanks for your help everyone, this was really helpful!

[KayDeeCee 4,893]

Also though--question. If you don't AOS for 2 years....what happens if the foreign national is arrested or pulled over or generally has a run-in with authority in those two years?

There have been some cases of those here on a K-1 that had not yet applied for AOS and were detained by ICE. I have seen two cases getting detained from riding a bus. They sometimes do sweeps on the buses, and they were found that way. Most states won't allow someone that is out of status to get a drivers license, so not too many would be out driving to get pulled over. Usually people go the entire time they are out of status without ever having a run in with ICE.

When detained, the IJ will most likely order them to file for AOS immediately, since they are eligible to do so. Have not seen a case of anyone here on a K-1 being detained and then actually deported. They may exist, but I have just never heard of one.

[CaliforniaBae 3]

To apply to adjust status (AOS) aka apply for green card aka the thing you're not eligible for until you're married but must be applied for in 90 days, you sign another affidavit of support which is thr one that is legally enforceable for 10 years or until the foreign national leaves the country or becomes a citizen, even in the case of divorce. The one for K1 is their way to make sure that you'll be able to adjust status. They don't want to let you come here to get denied for AOS.

I think the 90 days you are referring to is the need to get married within 90 days for fiance visa.

Edited August 4, 2015 by CaliforniaBae