Adjustment of Status after 90 day (K1) visa

[Samich1313 1]

I just needed an update on this. 

 

I have arrived in the US on January 11, 2018, and my 90-day K1 Visa is almost expiring, April 10, 2018.

We haven't applied for Adjustment of Status yet though I already have my Social Security #.

We also got married on Feb 2018.

 

My question is would I have a problem applying for AOS if it exceeds my 90 day allowance?

We've just been very busy because of my pregnancy (almost my due date).

 

What should I do? I'm pregnant and I'm literally freaking out about this. I don't want to have any problems especially with Immigration. 

[aleful 1,905]

no,

 

there is no timeframe for adjustment of status, the requirement is to marry within the 90 days. of course, the sooner the better

 

but there aren't any problems for filing after the 90 days

 

 

[Crazy Cat 42,317]

Between the time your I-94 expires and the time you file for AOS, you will be out of status, and you are technically subject to being picked up.  Just recently, immigration officers  knocked on a poster's door to warn his spouse of this. 

You are illegally in the US after your I-94 expires.  Once you file for AOS, you will be in "authorized stay" staus.

Edited April 3, 2018 by missileman

[Crazy Cat 42,317]

To prevent out of status a K-1 visa holder must marry and file AOS within the 90 days.

[Samich1313 1]

So, I really have to do this within 90 days.. 

Okay, Thanks for the info. 

[Samich1313 1]

We married last February 2018, I got my Social Security number.

But I still haven't completed my Adjustment of Status packet.

 

And my 90 day visa is expiring in 7 days! 

I'm freaking out!

[geowrian 22,338]

No need to freak out. After 90 days you will be out of status, but that doesn't stop you from filing for AOS. Once you file for AOS, you are put back into a period of authorized stay.

 

Obviously avoiding being in the US illegally for even a day is optimal...due to potential various circumstances down the road, like moving back abroad and then wanting to visit the US at a tourist, or (very uncommon) being detained and referred to an immigration judge.

[Samich1313 1]

@geowrian What do you think will happen to my stay here in the US? Will that affect the outcome of my application for AOS?

I have received mixed answers, some said "must do within 90 days", others said "it has no deadline/ timeline".

 

I really don't know, I'm on my 8th month of pregnancy now, I have compiled all the requirements, but I'm just afraid for any delays like missing documents etc. 

I do have the complete list but it may still take another fortnight to finalize everything.. 

 

oh no!

[Hypnos 6,578]

You haven't been given any conflicting information.

 

Your K-1 visa expired the moment you passed through immigration controls at the airport, since it's a single-use visa and you used it. Your legal presence is now governed by your I-94.

 

You are initially granted 90 days of legal status. Your K-1 visa requires you to marry your original petitioner within those 90 days, though there is a workaround if you later marry the petitioner outside of those 90 days.

 

Once your I-94 expires (after 90 days), you are out of status and removable by ICE. You also begin to accrue unlawful presence. Filing your I-485 'stops the clock' on unlawful presence, and places you into a period of authorised stay until your I-485 is approved or denied.

 

You don't have to file for AoS, but you will be considered unlawfully present in the US from the time your I-94 expires until you do. The political climate right now isn't great for those unlawfully present, so you should file asap.

[tanderson64 201]

2 hours ago, Hypnos said:

Your K-1 visa expired the moment you passed through immigration controls at the airport, since it's a single-use visa and you used it. Your legal presence is now governed by your I-94.

 

You are initially granted 90 days of legal status. Your K-1 visa requires you to marry your original petitioner within those 90 days, though there is a workaround if you later marry the petitioner outside of those 90 days.

 

Once your I-94 expires (after 90 days), you are out of status and removable by ICE. You also begin to accrue unlawful presence. Filing your I-485 'stops the clock' on unlawful presence, and places you into a period of authorised stay until your I-485 is approved or denied.

Very well said.  Most people think it is the expiration date of the K1 visa, but it is the expiration date of the I-94...

Just get the I-485 submitted and then you are in "legal" status, no more worries.

You should have everything you need from the K1 visa process...

[Cyberfx1024 7,980]

11 hours ago, Samich1313 said:

@geowrian What do you think will happen to my stay here in the US? Will that affect the outcome of my application for AOS?

I have received mixed answers, some said "must do within 90 days", others said "it has no deadline/ timeline".

 

I really don't know, I'm on my 8th month of pregnancy now, I have compiled all the requirements, but I'm just afraid for any delays like missing documents etc. 

I do have the complete list but it may still take another fortnight to finalize everything.. 

 

oh no!

If you file for AOS when your out of status there is no issues at all and happens all the time. Yes, you can be subject to deportation IF caught but that rarely happens, the most that would happen is a judge will tell you to file for AOS(We saw it here on VJ). So file AOS anytime but just understand the sooner you file the sooner you can work and travel abroad.

[Paul & Mallory 1,398]

It's my understanding that the bottom line is - yes, you can still file your AOS after your 90 day window lapses. That opportunity does not go away. However, it's highly recommended to file for AOS before the 90 day window lapses because, as some of the others have said, you are technically considered out of status if that happens (90 day window expires and you have not filed yet). It's why so many people say not to wait until the tail end of your 90 days to get married. I would just pick up the pace and get that taken care of sooner than later so it isn't hanging over your head. You have other things to worry about, with a baby coming - get this one taken care of.

[Californiansunset 336]

If you have all your K1 documents still gathered, it should be a breeze to submit the AOS. If you go by the AOS guidelines here on VJ to fill out the forms, you should be done within an hour or so. Get some new biometrical pictures for the application, submit updated tax documents and off it goes! You could technically also risk getting an RFE if you don't have all documents together yet (but forms filled out properly), send it off anyways and that way you can submit the AOS on time and remain in an authorized stay. 

[javadown2 308]

I think you could have did a search on this topic, it's been gone over so many times. Yes you will be "illegal"  they usually overlook the fact that the visa expired, just file AOS when you can, best done sooner then later, like before your one year mark so you don't have to repeat the physical/medical.

[Ermin&Zijada 141]

Just submit your AOS. Its really not that long of a process, a lawyer could probably do it within one visit. I get that you're pregnant, but all you would need to do is sign a few pieces of paper. Its really not worth going out of status in the current immigration climate. 

Edited April 4, 2018 by Ermin&Zijada