Already Married but K1 expiration date coming up

[brian_mosher 9]

I need to know what happens here. The 90 days comes up on my fiance's K1 on 7/26. As expected, it's been a bit of a whirlwind these first 90 days and has flown by and here we are coming up to the end of the period. We actually got married at the courthouse on 7/7 because the actual wedding we are having on 7/30 was going to fall outside of this date. I'm not ready to file the whole packet to apply for her to be able to work and travel yet because there is a bunch of tax information I need to get ahold of that I just don't have available right now. I just want to file what I need to file for the AOS so she remains "legal". I have seen the wait time on getting that ability to work and travel is like 3 months. So what exactly are people having to file after they get married just so they don't go out of status?

Thanks,

Brian

[TBoneTX 46,125]

*** Thread is moved from the K-1 Process forum to the AOS/Family-Based main forum -- topic involves that phase. ***

[newacct 688]

Just file when you have everything ready.

[Unidentified 2,930]

Your K1 visa expired upon entry as it's a one time use only visa. You married within the 90 days that's all that is required. File when you have everything ready.

[brian_mosher 9]

Thanks guys. That's what I was wondering. So let's say something happens where someone has to check her ID ans she gives her passport and the written date on that visa stamp shows 7/26/16 as the expiration, She needs to keep proof of marriage on her that shows that we did get married prior to that date?

[LionessDeon 2,060]

Normal everyday ID check for say bar/club entrance, etc is not going to be an issue. I doubt if even getting stopped by the police for a traffic ticket would be an issue. They aren't ICE.

If anything would be questioned just state AOS to LPR is in process.

File as soon as you have everything together.

[ddtenor2 80]

As other posters have said, your wife is "legal" and will not be deported because you haven't yet filed for AOS. The important thing is that you married within 90 days of her entering the country. However, without filing for AOS, your wife will not be able to leave the country or work. You also might want to consider that you need to start gathering proof of a bona fide marriage in order to Remove Conditions after 2 years. The sooner you start having proof in both you and your wife's name, the easier Removal Of Conditions will go. Most banks and utilities want a Social Security Number to add an individual. If your wife wants to apply for a Social Security Number, she will need to do so before her I-94 expires. Social Security will issue a SSN as long as there are at least 2 weeks remaining on her I-94.

In addition, most places which require an ID will accept a passport, but they may not accept it if the accompanying I-94 has expired.

I would urge you to get your paperwork together and apply for AOS as soon as possible in order to avoid problems down the road.

Good luck!

[newacct 688]

Thanks guys. That's what I was wondering. So let's say something happens where someone has to check her ID ans she gives her passport and the written date on that visa stamp shows 7/26/16 as the expiration, She needs to keep proof of marriage on her that shows that we did get married prior to that date?

First of all, someone checking her ID will not look at her visas, which is not relevant to her identity. Second, when the visa expires is completely irrelevant to her stay in the US, so looking at the visa is useless. A US visa is only for entering the US. The expiration date of a visa is the last day on which she can use it to enter the US (this is true for all US visas). The visa's expiration date has nothing to do with how long one can stay in the US; that is determined by the date on her I-94, which is electronic these days (nobody carries around the paper anymore, so they cannot check it), although they often (but not always) also write the date in the entry stamp in the passport, which is not obvious and hard to find. Generally she will not run into anyone in the US who has jurisdiction to check her immigration status unless she runs into one of those CBP checkpoints within 100 miles of the Mexican border. And a marriage certificate is not enough if someone does check it; marrying doesn't by itself confer any immigration status.

[Cathi 5,784]

As other posters have said, your wife is "legal" and will not be deported because you haven't yet filed for AOS. The important thing is that you married within 90 days of her entering the country. However, without filing for AOS, your wife will not be able to leave the country or work. You also might want to consider that you need to start gathering proof of a bona fide marriage in order to Remove Conditions after 2 years. The sooner you start having proof in both you and your wife's name, the easier Removal Of Conditions will go. Most banks and utilities want a Social Security Number to add an individual. If your wife wants to apply for a Social Security Number, she will need to do so before her I-94 expires. Social Security will issue a SSN as long as there are at least 2 weeks remaining on her I-94.

In addition, most places which require an ID will accept a passport, but they may not accept it if the accompanying I-94 has expired.

I would urge you to get your paperwork together and apply for AOS as soon as possible in order to avoid problems down the road.

Good luck!

Getting married does not make one "legaL" just because it's within the 90 days AOS needs to be filed in order for that to happen. Once the i-94 as expired sh will be out of status. She will not be able to work or leave the country, she will be in immigration limbo. There is a slim chance that she will be picked up by ICE, but if she if she is she will be put in front of an immigration judge and be required to file AOS immediately. Although filing for AOS right away isn't a requirement it is advised. If not she will be looking over her shoulder until she does.

[Dave&Roza 748]

As has been mentioned, the K-1 visa is a one use visa and is null and void the day she used it to enter the US--the expiration date is the use to enter the US by date. Her legal status is based on the I-94 when she entered the US which is also the date you must get married by to complete the requirements of the K-1 visa. Once married you have fulfilled the requirements of the K-1. There is nothing that states you must file for AOS by any particular date. If you do not file for AOS, your wife is out-of-status and in a period of overstay as her I-94 has expired. This overstay will be forgiven once the AOS is filed and approved. The only thing to remember is that the medical expires one year after it was given and she will need a valid medical when filing for AOS. Also keep in mind that she cannot legally work in the US until she received DHS authorization which is given via the EAD/AP combo card and the GC. To pick nits on all the previous posts: she can leave the US whenever she wants. This issue is that without the AP or her GC she will not be allowed back into the US and you would have to start all over again with a spousal visa.

Should she find herself near the Southern border without proper documentation, she may be detained by the CBP. They may even decide to have her appear before an IJ who will look at the case and may order her to file her AOS by a certain date. Other than the inconvenience of being detained by the CBP, she will not be deported.

Travelling domestically using her passport will not result in any examination of her visas. That falls to the CBP not the TSA nor any other LEO. The TSA is only looking at her name and comparing it to her boarding pass. A LEO would have to consult with someone from the CBP to determine a person's legal status within the US.

Dave

[inloveVEN 46]

Hi

As everybody knows K visas are non immigrants visas. In k1 visa of you don't file the petition is like bringing your wife to "nowhere". So yes it is important to file when you have all the requested information but also keep in mind that that you need to hurry to help her to leave this condition. She can't work as am student she won't find th find the same support she won't be able to leave the country... So it's very but very important the next step.