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Venus344

AOS after 90 days on K1 Visa violation of nonimmigrant status?

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I brought my fiancé to the United States on a K1 Visa. Due to some unforeseen events we got married on the 89th day approximately one week ago. We are now in the process of preparing our Adjustment  of Status packet. On form I-485 we are unsure how to answer part 8 question 17 - Have you ever violated the terms or conditions of your nonimmigrant status?  We were under the impression that you must get married within 90 days and apply for adjustment of status shortly thereafter, which we are doing now. However, she is technically out of status because her admit until date has expired. How should we answer this question? Any advice is greatly appreciated.

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Filed: Citizen (apr) Country: Romania
Timeline

You are required to get married within 90 days, that's it. Sure, it would be ideal to also apply for adjustment before the 90 days, but it's not a violation if you don't. So you can safely say NO. 

 

 

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57 minutes ago, Venus344 said:

I brought my fiancé to the United States on a K1 Visa. Due to some unforeseen events we got married on the 89th day approximately one week ago. We are now in the process of preparing our Adjustment  of Status packet. On form I-485 we are unsure how to answer part 8 question 17 - Have you ever violated the terms or conditions of your nonimmigrant status?  We were under the impression that you must get married within 90 days and apply for adjustment of status shortly thereafter, which we are doing now. However, she is technically out of status because her admit until date has expired. How should we answer this question? Any advice is greatly appreciated.

Just answer no and you will be fine. Alot of us so AOS after the 90 day mark and there is no issue at all. 

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