Out of Status

[k_quandary 0]

So..... My hubby (then fiance) came over on a K-1 visa back in November. We married within our 90 days in January. And now, it is March. And we have yet to file for AOS. So.... how long do we really have before we are in BIG trouble? I am still gathering paperwork and evidence and actually although I thought I would be prepared for the next round of the "process", I am actually a little burnt out. So, it is taking me longer than I anticipated to get the AOS application out the door. Are we in trouble because our 90 days are up and we haven't filed? Or will it become a problem when the actual visa expires - you know the six months from issuance that you get to use it? I was just wondering.

K.

[raymaga 25]

There does not seem to be any cut and dry answer to when you must apply for the AOS. The sooner, the better, because technically, after you are married, the K-1 Visa is no longer valid (as you are no longer a "fiance), so you are out of status after that.

But many people on here have not applied for their AOS within the 90 days after entry and have been just fine.

I wouldn't worry too much about it.... just try to get the papers in as soon as you possibly can.

Good luck.

[Mr. Big Dog 10,747]

Unlawful presence starts accruing on the day after the I-94 expires. Get the I-485 done as soon as possible and certainly don't have him out of status for more than 180 days. It's no big deal at all if you file within 30 days or so of the I-94 expiring. Besides, there won't be any employment authorization until you file the I-765 and you can only do that along with the I-485.

Edited March 14, 2006 by ET-US2004

[k_quandary 0]

Yep, we are past the I-94 expiration date. Not good!!!

Well, I need to call the civil surgeon and make sure they have the vaccination supplement ready because the had to get the results from the blood titre (?) test. Waiting on a translation and I have a few more photocopies to go.

Hopefully, we'll get this out before this week is over.

Thanks!!!

K.

[Bashorun 1]

From what I know of K1 process, U have another 90 days to start the adjustment status after U're married so definately it won't be a problem that U're currently out of status with the current visa in ur fiance passport but U're still in status technically becos the rule says U have another 90 days after marriage to start the AOS process.

LeKaN

[Mr. Big Dog 10,747]

From what I know of K1 process, U have another 90 days to start the adjustment status after U're married so definately it won't be a problem that U're currently out of status with the current visa in ur fiance passport but U're still in status technically becos the rule says U have another 90 days after marriage to start the AOS process.

LeKaN

Can you provide a link to that "rule" that extends the status past the I-94 expiration?

[k_quandary 0]

Well, you all know I will keep you all posted about whether filing so late becomes a problem. I am only a little concerned because we have passed the 30 and now 45 day mark. But, I think we should have everything off into the mail or delivery service this weekend. I am definitely optimistic about our plans.

[Peter&Dana 0]

Peter and I got married on April 2 but could not afford to file AOS until June, and it worked out fine. I think the consensus on being out of status after marriage is about 180 days. But the faster you go, the better. You never know when that green card will become important. For example, Peter would always brag about how he was less concerned about the GC than the EAD. Then last week he applied to go to school, and he HAS to have a GC to enroll. Now, he's been eating crow about having his GC earlier. If he doesn't have it by May 18, he can't enroll in school.

[Peggy 1]

I filed 3 months after my I-94 expired.

We had to save the money as we had to apply for mine and my sons AOS, EAD.

Which was $1150 for both.

So far no problems.

[Mr. Big Dog 10,747]

There won't be any problems for an adjusting K1 that has been out of status or unlawfully present in the US for awhile. Hell, folks come here on B2's, overstay (read: are out of status or unlawfully present) for years and then adjust w/o problems upon marrying a USC. The unlawful presence is quite regularly forgiven.

Just be mindful of any accrued unlawful presence (especially that over 180 days) if you plan to travel outside the US prior to having your permanent resident status accorded to you.