Question for my K1, K2 and Adjustment of Status

[durden2128 4]

Ok so a question. First a huge thanks to this community in general as it got my fiance and her daughter here without an attorney. Ok so my question is. My fiance has her K1 visa and it expires on Christmas. Does she have until Christmas to JUST get married to me or until Christmas to get married AND have me pay for the Adjustment of Status, which isnt cheap at like $1200 I think. Can we get married before her Christmas deadline and not pay the Adjustment of Status fee until a little later or do they both have to be completed before Christmas ? Because, everything ive heard said we had 90 days to get married- not 90 days to file Adjustment of Status.

 

Thanks,

 

Marko

markojsmith@hotmail.com

[Crazy Cat 42,322]

The requirement for the K-1 is to marry within 90 days of entry into the US.  There is no requirement to file AOS.  Some people have waited many months before filing.

[AussieTam 48]

You have 90 days to get married . You can file AOS after that. With K1 it is a single entry visa so the visa itself expired on entry to the country.  When you file for AOS you also file for AED and AP.  She will be unable to leave the US or get a job till she receives these. The total cost is currently $1225 .

[Ontarkie 14,499]

~~Moved to AOS Family K1&K3 - As the OP's question is about AOS not K1 visa processing.~~

[Crazy Cat 42,322]

10 minutes ago, durden2128 said:

Because, everything ive heard said we had 90 days to get married- not 90 days to file Adjustment of Status.

Correct

[Cyberfx1024 7,980]

28 minutes ago, durden2128 said:

Ok so a question. First a huge thanks to this community in general as it got my fiance and her daughter here without an attorney. Ok so my question is. My fiance has her K1 visa and it expires on Christmas. Does she have until Christmas to JUST get married to me or until Christmas to get married AND have me pay for the Adjustment of Status, which isnt cheap at like $1200 I think. Can we get married before her Christmas deadline and not pay the Adjustment of Status fee until a little later or do they both have to be completed before Christmas ? Because, everything ive heard said we had 90 days to get married- not 90 days to file Adjustment of Status.

 

Thanks,

 

Marko

markojsmith@hotmail.com

As others have said and I know from first hand experience you have to get married within the 90 day window, you can wait to file for AOS until a later date. 

[Dutchster 1,107]

The K-1 visa is already expired since she used it as her entry. Her legal status expires in 90 days, and she has to marry before the 90 days preferably. On the 90th day is honestly too risky. 

[geowrian 22,338]

You have 90 days to marry, and 90 days of legal status after entry on a K-1 visa. You can file for AOS at any point after that.

 

That said, after the 90 days of legal status expires, you would be illegally present in the US and technically subject to removal (deportation). Once you file for AOS, you will have authorized stay while the case is pending.

 

The AOS fee is $1225. Each entrant needs their own AOS. To be blunt, this cost is something that you should have planned for before using the K-1 visa.

[srg3037 5]

You also mention K2 in the subject line.  Did your fiance arrive with her child/children?  If  so you have to file a AOS for them as well and the fees  are $750 per child and an additional $85 if 14 years and older. 

Edited October 20, 2017 by srg3037

[durden2128 4]

I'm aware of the cost and lost my job literally right after buying their tickets after they both got approved for the Visa. Yes she has a child and so I know its going to cost me quite a bit to file for AOS for both of them. We are getting married in November a month before the 90 day expiration- I just wanted to make sure I didnt have 90 days to file AOS.

[Crazy Cat 42,322]

Just now, durden2128 said:

I'm aware of the cost and lost my job literally right after buying their tickets after they both got approved for the Visa. Yes she has a child and so I know its going to cost me quite a bit to file for AOS for both of them. We are getting married in November a month before the 90 day expiration- I just wanted to make sure I didnt have 90 days to file AOS.

As @geowrian stated, just be aware of the legal status concerns.

Good Luck to you and your family.

[geowrian 22,338]

I'll just add 2 things...

 

1) You should probably start looking for a joint sponsor, if you haven't done so already.

2) Best wishes, and I'm sorry to hear about the job loss.

[durden2128 4]

 Now im all confused again. I was told that as long as we get married within 90 days we are ok. I have a new job, and dont need a sponsor. I just cant afford both their AOS fees within the 90- day window which everyone said was fine as long as we were married.

[Villanelle 4,122]

What part are you confused about?

 

The K visa gives you 90 days of "status" in the US. Its 90 days from the date she/they entered. You MUST get married in those 90 days. Once the 90 days are up your wife and child will be "illegal" until you file the AOS, then they will be placed in an authorized stay status until they get their greencards. So its okay to wait to file in the aspect of being allowed to file but its not okay to wait to file in the aspect of having legal status.

 

Many people wait to file. They are just illegal until they do. Its not recommended but it is possible to remain illegal and not have anything bad happen until you file. Are you in a border state or one with a heavy immigration presence? If not you should be ok to be illegal until you have the funds.

[durden2128 4]

This is what confuses me. Initially all the threads on this response said I had nothing to worry about. That I had 90 days to get married. Period. Nothing about 90 days to get married , file for AOS and have it processed OR have my fiance and her daughter be illegal and subject to deportation. Every bit of research I've seen for 2 years has said only to be married within the 90 day window. Now unless I'm misunderstanding, your saying that I have to be married and AOS filed  and processed within the 90 day window. And thats just not physically possible right now due to finances.