What act should I take if my wife has overstay her vista

[Leovue 0]

What should I do or act if my  fiancé  has overstay her vistas, she came as k-1 vista we have married within 90 day but I lost my job and not able to get her green card any  advice?

[Roel 7,193]

There is only one advice. You guys have to come up with the money and file for aos. Currently your wife is out of status and deportable. Not to mention she can't work, do anything. At least it's good you guys got married within 90 days. 

[nightingalejules 678]

Technically, you could probably wait a little while. You got married within the 90 days and, while your wife doesn't have permission to work or leave the US and return, her overstay will be forgiven when you do file AOS. As soon as you can, you should file for her adjustment of status, and of course your wife can't work until after you've filed and she gets an Employment Authorization.

[Unlockable 7,315]

Agree with above posters. If money is tight and her AOS is important you should beg, barrow, and steal borrow some more to get it done. Even though she is in status limbo she should be OK until you get back on your feet. But think about this, the sooner she is authorized to work the sooner she can contribute to the household.

[AnaidAaron 42]

8 hours ago, Roel said:

There is only one advice. You guys have to come up with the money and file for aos. Currently your wife is out of status and deportable. Not to mention she can't work, do anything. At least it's good you guys got married within 90 days. 

What does it mean to be out of status? I don't quite understand this yet, since I haven't found any info regarding how much time you have to start AOS after you marry. 

[Unlockable 7,315]

6 minutes ago, AnaidAaron said:

What does it mean to be out of status? I don't quite understand this yet, since I haven't found any info regarding how much time you have to start AOS after you marry. 

Out of status means a person does not have an official status in the US. A person can be a US citizen, permanent or temporary resident, or a visitor with authorized stay (legally allowed to be inside the US for a short period).

 

If a person does not have any of the above mentioned status they could technically be detained and/or deported. For people who are waiting to adjust status through K1 they have a period of authorized stay if they married within the 90 days. So the evidence of the being married allows them to legally remain in the US they do not have status so they do not have the benefit of those with status like working and being able to travel out of the US and return.

[AnaidAaron 42]

7 minutes ago, NuestraUnion said:

Out of status means a person does not have an official status in the US. A person can be a US citizen, permanent or temporary resident, or a visitor with authorized stay (legally allowed to be inside the US for a short period).

 

If a person does not have any of the above mentioned status they could technically be detained and/or deported. For people who are waiting to adjust status through K1 they have a period of authorized stay if they married within the 90 days. So the evidence of the being married allows them to legally remain in the US they do not have status so they do not have the benefit of those with status like working and being able to travel out of the US and return.

Oh thank you so much! I understand when you enter on a K1, you're allowed to stay only for 90 days, so if I marry on day 60, for example, does that mean I would only be in status for 30 more days? 

Exactly how much time after I marry do I have to file for AOS? I know as soon as possible is the best thing to do, but I'd like to know haha. 

Edited October 27, 2017 by AnaidAaron

[BuiQuang 95]

3 minutes ago, AnaidAaron said:

Oh thank you so much! I understand when you enter on a K1, you're allowed to stay only for 90 days, so if I marry on day 60, for example, does that mean I would only be in status for 30 more days? 

Exactly how much time after I marry do I have to file for AOS? I know as soon as possible is the best thing to do, but I'd like to know haha. 

every k1 get 90 days.  u marry day 60 then u got 30 more day.  u file AOS u get to stay legally til u get green card.  u no file AOS after 90 day u overstay.

 

file anytime u want.  u no file AOS then ICE can arrest u and deport u.  u no can work legally.  us citizen spouse may not help.  u can fine US citizen here with husband being deported cuz they file wrong immigration form so they late and he in deportation right now.  very smart to file quick for AOS.  not joke so not haha.  u need to be serious.

[geowrian 22,338]

4 minutes ago, AnaidAaron said:

Oh thank you so much! I understand when you enter on a K1, you're allowed to stay only for 90 days, so if I marry on day 60, for example, does that mean I would only be in status for 30 more days? 

Exactly how much time after I marry do I have to file for AOS? I know as soon as possible is the best thing to do, but I'd like to know haha. 

Yes. You are granted legal status for 90 days from POE. You also must marry in that timeframe to be eligible for AOS based on the K-1. Getting married is a prerequisite to AOS, but does not grant any immigration status in itself.

 

You have 90 days to marry. Once married, you can file for AOS at any point, even years later.

If you don't file within the 90 days, you are out of status until you file for AOS.

[C-ma'am 684]

**Post moved from K1 to AOS from family visas. OP is asking about AOS, not K1.

 

Depending on how long it's been since you have been married and she's been out of status, you may have to include an I-130 .

[nightingalejules 678]

20 minutes ago, C-ma'am said:

**Post moved from K1 to AOS from family visas. OP is asking about AOS, not K1.

 

Depending on how long it's been since you have been married and she's been out of status, you may have to include an I-130 .

Yes, if OP waited 2 years. 

[Illiria 980]

30 minutes ago, C-ma'am said:

**Post moved from K1 to AOS from family visas. OP is asking about AOS, not K1.

 

Depending on how long it's been since you have been married and she's been out of status, you may have to include an I-130 .

Not so long as they came in on a k1 and were married to the k1 petition within the 90 days they do not 

 

Don’t get me wrong i think it’s a stupid idea not to file for aos within the 90 days so that she doesn’t go out of status but so long as a k1 entrant married the petitioner within the 90 days then is aos with same petitioner then is good. 

Edited October 27, 2017 by Illiria
Clarity

[C-ma'am 684]

18 minutes ago, Illiria said:

Not so long as they came in on a k1 and were married to the k1 petition within the 90 days they do not 

 

Don’t get me wrong i think it’s a stupid idea not to file for aos within the 90 days so that she doesn’t go out of status but so long as a k1 entrant married the petitioner within the 90 days then is aos with same petitioner then is good. 

 If the K1 beneficiary complied with the terms of the K1 but hasn't adjusted status for more than 2 years they will have to include an I-130

[geowrian 22,338]

8 minutes ago, C-ma'am said:

 If the K1 beneficiary complied with the terms of the K1 but hasn't adjusted status for more than 2 years they will have to include an I-130

This is inaccurate. As long as they marry within 90 days, they can file based on that at any point afterwards (no I-130 necessary).

[C-ma'am 684]

6 minutes ago, geowrian said:

This is inaccurate. As long as they marry within 90 days, they can file based on that at any point afterwards (no I-130 necessary).

That's the way it used to be back around 2012. If this has changed, I stand corrected.