self petition

[Boiler 45,912]

You did not file for AOS? If that is the case you are out of status for years. K1 is only valid for 90 days, even if you got married, you are still undocumented. Talk to your husband and file AOS asap.

Please read the whole thread.

[cristina16 81]

rhetorical question sun tzu

Of course I read the whole thread

[Asia 2,498]

rhetorical question sun tzu

Of course I read the whole thread

So you'd know she isn't out of status and she isn't undocumented either.

There's no deadline to file AOS for K-1.

[cristina16 81]

and what status is that?

[Anh map 2,098]

At this point (2 years in) they would likely have to file an I-130 spouse petition. Either way, the husband has to be the petitioner and they would probably have an interview.

[belinda63 3,041]

She has been subject to deportation since her I-94 expired. She met the requirements of the K-1 by getting married within 90 days but since AOS has not been filed she has no status. And when she leaves the US she will have a ban due to the overstay.

Without a real marriage at the time of filing there can be no green card.

[Asia 2,498]

Thank you for the clarification.

[7Ken 15]

Never know what our president is doing this week. You might check...

[Eric-Pris 1,607]

She is currently out of status. If they were to file AOS, the overstay would be forgiven. However, since the marriage has fallen apart, the husband will not likely sign an affidavit of support. Therefore, she will most likely incur a ban from the US for her 21 month overstay since her I-94 expired. I believe it's a 10 year ban for overstays > 1 year.

[Eric-Pris 1,607]

So you'd know she isn't out of status and she isn't undocumented either.

Wrong. She is out of status the day her I-94 expired. +

There's no deadline to file AOS for K-1.

This is true. The overstay is forgiven IF you apply. However, if you don't apply, the overstay counts against you.

Edited March 31, 2016 by Eric-Pris

[Caryh 5,206]

This is true. The overstay is forgiven IF you apply. However, if you don't apply, the overstay counts against you.

technically its only forgiven if you're approved for the green card. Applying only enters you into a new period of authorized stay.

[EM_Vandaveer 2,408]

Theoretical only: If in this situation OP & her husband decided to try to patch things up between them & apply for AOS for her, no I-130 would be needed. (I-130 is only needed for an AOS from K-1 case if the beneficiary gets married to the original petitioner, BUT the marriage occurs AFTER the 90 days.)

[TBoneTX 45,863]

The OP has received largely correct relevant advice (if no marriage to petitioner, then must leave the U.S.), so this thread is closed and is not to be restarted.

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