Question for my K1, K2 and Adjustment of Status

[NikLR 13,232]

You are misunderstanding. 

 

A K1 visa holder has 90 days to get married upon entry.  During that time they have legal status. 

 

After the 90 days the k1 visa holder no longer has legal status in the USA unless they have filed for AOS.  

 

They likely will not be deported if detained by ICE and just told to AOS, but technically they have no legal status and are deportable.  

 

They cannot travel outside the country nor can they work.

 

People have waited YEARS to AOS.  

[Villanelle 4,122]

19 minutes ago, durden2128 said:

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.

Thats because the terms of the K visa state you need to be married in the 90 days. Its very cut and dry. So thats part of the terms of the K visa. Once she enters  the visa is used/cancelled but she still is expected to meet the terms of it, which includes getting married in 90 days. Once you do that (marry in 90 days) the visa conditions are fulfilled. Filing for AOS is a totally separate procedure. You use the K visa as a qualifying status to adjust with. Adjusting has it own rules and regulations. The K visa only offers you status for the 90 days. If you choose to file AOS after the 90 days are up, well, its your choice but she will be out of status for that time. 

 

Again its only an issue if she is out of status and gets picked up by ICE. They will then give you an opportunity to file the papers and release her. If you dont have the funds and she is picked up, yes, she will be deported. 

[durden2128 4]

Ok thanks that makes more sense to me. Now how long does AOS take from start to finish ? Once I pay to file AOS it's a few months right ?

[Crazy Cat 42,322]

Looks like 340 days average from filing AOS until interview (based on VJ members over last 6 months).

Looks like AP/EAD is taking  about 4 months from filing to approval.

 

http://www.visajourney.com/content/times/

Edited October 21, 2017 by missileman

[javadown2 308]

6 hours ago, durden2128 said:

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.

You do NOT have to send off your AOS in the 90 day period...don't let people scare you that you will get deported...it would have to be a very rare case for this to happen. Everyone will say file your AOS as SOON as possible. With that said some people have waited years. I filed my wifes' AOS 3 months after the 90 days...and guess what...she didn't get deported and USCIS hasn't said anything about being out of status. Just relax, start the AOS when you have the money, don't stress to much about it.