Help please - married on K1, but need to leave before AOS

[sweetadams 138]

6 hours ago, sativo said:

Thanks for the information -- very helpful.

 

We are trying to arrange things so she can stay to do the AOS.

 

We still have not treated her daughter with all of her immunization shots. Doctor says the final shot must be given in about a year.

 

Can we file AOS before having all her shots?

You can file for AOS since she had immunization records on K2. If possible try and apply for the AOS.  Can she video chat with people in her home country? Its another cheaper version of being present in person. Can you go as a repr of your wife? Some culture accepts the husband in place of the wife in family gathering.

[DrEllaNJ 288]

8 hours ago, sativo said:

Yes, it's the entire time from the date of entry to today.

She was legal for 90 of those 175 days. As long as she doesn't stay longer than 179 days from when her visa expired, there won't be a ban.

However, I agree with other people that you're getting yourself a lot more hassle than necessary if she leaves now.

 

Also goes to show (for other K1 people reading this) that it's always advisable to file for AOS as soon as possible. You never know what's going to happen, and if something does happen, you're stuck. Yes, it's expensive, but perhaps the costs can be a wedding gift?

Edited July 6, 2017 by DrEllaNJ

[papasmf 90]

1 hour ago, DrEllaNJ said:

She was legal for 90 of those 175 days. As long as she doesn't stay longer than 179 days from when her visa expired, there won't be a ban.

However, I agree with other people that you're getting yourself a lot more hassle than necessary if she leaves now.

 

Also goes to show (for other K1 people reading this) that it's always advisable to file for AOS as soon as possible. You never know what's going to happen, and if something does happen, you're stuck. Yes, it's expensive, but perhaps the costs can be a wedding gift?

Also, doing AOS (and emergency AP for your upcoming travel) will get her and the kids on the road back to status without any bar, even if filed beyond 180 days, as long as they stay until they get that NOA for the AOS (and AP cards to travel and get back in the country)... That is, as far as I understand, and as long as you were married within the 90 days of your wife's arrival here

[papasmf 90]

Also, just a note that K visa expires the second they go through customs and enter the US.  The 90 days is how long you have to get married, the visa only allows the one entry (can't leave and come back within that 90 days either)

[Suss&Camm 2,213]

8 hours ago, DrEllaNJ said:

She was legal for 90 of those 175 days. As long as she doesn't stay longer than 179 days from when her visa expired, there won't be a ban.

The i-94* 

[caliliving 606]

If you are OK with being seperated for 2 years then that is a great idea:/

 

seriously, you knew when you filed for the K1 it is conditional on her getting married and doing the AOS! if she leaves now you are in a (edited for language) situation! i would not reccommend having her leave.. it sucks for sure, their are families apart for funerals, weddings, and other important celebrations. its life.  so if you are ok with having her go back and spending MORE money on the CR1 visa that will take 2 years then ok.  but if you want, apply for her AOS yesterday and in 3-4 months she will have her AP (and can possibly get an emergency AP). 

Edited July 7, 2017 by Ontarkie
edited for language

[Boiler 45,486]

CR1 takes about a year.