Does the "90 Day" rule apply for AOS through K1?

[Crazy Cat 41,922]

9 hours ago, Mrsjackson said:

Do you know of anyone who has been deported because they didn’t file AOS within 90 days? I wasn’t aware not filing made the immigrant “technically deportable” I thought of you fulfilled the marriage within 90 days requirement you were set. 

There have been several cases recently here on VJ where ICE agents actually went to the posters' homes and warned them because the new spouse had not filed AOS within the 90 day period.

 

Yes, failing to file AOS before expiration of the I-94 does put the K-1 spouse in illegal stay status..........although it will be forgiven when AOS is filed.

Edited June 3, 2018 by missileman

[Wuozopo 4,293]

11 hours ago, Brittani said:

I keep telling myself not to be afraid because we are as legit as it could get and have nothing to worry about. I'll feel so much better a few years down the road when we can break up with USCIS.

 

I most definitely will do that. As soon as my fiance gets here I'm going to start filling out practice ones, etc... Do you have any tips for applying for AOS after the K1?

 

Start practice AOS/EAD/AP forms now...or even the real ones. When your fiancé arrives you don't want to have you head buried in forms and Visa Journey for hours. Work out what you will need (3 applications) and the evidence to support each. Ask questions now (in the AOS forum) for the parts you don't understand.

 

Do you already know what is required to get a marriage license in your county? Do you know where to get it? Process to get a certified marriage certificate after ceremony? Do you have to wait on mail or can you get it processed in person same day?  Plan the paperwork for next step while the current step (visa) is winding down to simply waiting for it to happen because the paperwork is already done.

 

Did he get ALL his vaccinations signed off at Knightsbridge? If not, figure out the civil surgeon steps he will have to take in the US because he didn't get them before the visa medical. 

 

Tips? Read the proper USCIS instructions for each form over and over instead of solely depending on VJ comments and lists. Make your own list from the form instructions. For example, the VJ guide to AOS makes it seem like one big packet. No, it is actually three packets that get mailed together in the same envelope

[Loren Y 2,755]

5 hours ago, Naes said:

SSN with her married name may give some hard time. They tend to not give it if the name on I-94 doesn’t match. I would check on that. And it may also be too soon for SSN (in order for them to get information online) I would give it at least 2 days.

 

Just be careful with jet lag and filling out papers combination

..

The only possible problem is getting the SS card in her married name I figure, considering I just got the one in her maiden name the day before, That one may not be in the computer yet, so I probably won't even know her number until the first card shows up in the mail, and it would make things easier if I show up with the first card in hand to do the name change. But that isn't a requirement for AOS, so if we have to wait on the SS card I'm not too worried about it. Will definitely be able to get the first one in her maiden name started, then go from there. And your also right I have to keep my wits about me so I don't make some easy mistake on the AOS forms, I am hoping to have all of them for AOS, EAD/AP, etc. ready to go other than signatures.

[JFH 12,190]

The "90-day rule" does not apply to you, as you have discovered. And it's more of a guideline than a rule. USCIS will take the stance that there is "likely to have been some form of misrepresentation at the border" if people attempt to adjust status less than 90 days after arrival but it's impossible to prove. Immediate relatives always have special exceptions in such cases anyway. 

 

Yes, you can be deported if you arrive on a K-1 visa and have not commenced the AOS when your authorized stay has ended. Although late filers of AOS are hardly the top priority of ICE agents. They don't have the manpower or resources to start chasing people who are a day or two late in filing AOS when there are people who have been working illegally for years, people who have overstayed for years - that's what they are more concerned with.

 

I'd recommend filing AOS as soon as possible. It makes sense that if someone comes all the way here to build a new life with their true love then they want that new life to start sooner, rather than later. I came on an IR-1 and couldn't wait to start working, earning, driving, buying a car, furnishing and decorating our home, saving for a down-payment on a forever home, travelling the country, getting myself on the road to citizenship so I can vote and have a say how my tax dollars are spent and so on. I would want out of that limbo/vacation status as soon as possible if I were here with a K-1. I wanted to feel like I lived here as soon as possible, not that I was in a waiting room of people applying to live here. 

 

In short, the sooner you start AOS, the sooner it's over and the sooner you are on to the next stage. Surely the goal of each of us is to part company with USCIS permanently as soon as possible?

Edited June 3, 2018 by JFH

[NikLR 13,227]

11 hours ago, Mrsjackson said:

Do you know of anyone who has been deported because they didn’t file AOS within 90 days? I wasn’t aware not filing made the immigrant “technically deportable” I thought of you fulfilled the marriage within 90 days requirement you were set. 

When you're out of status, you are deportable.  Doesn't mean it's going to happen, is likely to happen or will happen, but rather it means it CAN happen.  

 

Also the 30/60/90 day rule thing that people like to bring up obviously doesn't apply to the K1 visa.  Nor does it apply to any adjustment of status.  The referenced "rule" is from the DoS who have nothing to do with the USCIS or the CBP which fall directly under the Department of Homeland Security, not the Department of State.   

1 hour ago, Dee elle said:

2 different things...

 

1. If you marry before the 90 days, yes, you fulfil the requirements of the K1 visa and are eligible to then adjust status. Marry after 90 days or not at all and you cannot adjust status and must leave the country before to 90 days is up.

 

2.  If you do not begin the AOS status and receive the NOA1 before the 90 days, then any days after the end of the 90 days and the date on the NOA1 are days when the person is out of legal status.. has no legal standing to remain in the USA at all ... illegally present means can be detained and deported 

1) actually someone can adjust status if they marry outside the 90 days after entry on a fiance visa.  However they must then file the I-130 with the I-485. 

[Dutchster 1,107]

11 hours ago, Mrsjackson said:

Do you know of anyone who has been deported because they didn’t file AOS within 90 days? I wasn’t aware not filing made the immigrant “technically deportable” I thought of you fulfilled the marriage within 90 days requirement you were set. 

There have been topics of ICE knocking on K1 visa holders doors. However, there is a really slight chance that happens. But when the I-94 expires, there is no status. No status = illegal. 

 

 

[Dashinka 24,539]

1 hour ago, Wuozopo said:

 

Start practice AOS/EAD/AP forms now...or even the real ones. When your fiancé arrives you don't want to have you head buried in forms and Visa Journey for hours. Work out what you will need (3 applications) and the evidence to support each. Ask questions now (in the AOS forum) for the parts you don't understand.

 

Do you already know what is required to get a marriage license in your county? Do you know where to get it? Process to get a certified marriage certificate after ceremony? Do you have to wait on mail or can you get it processed in person same day?  Plan the paperwork for next step while the current step (visa) is winding down to simply waiting for it to happen because the paperwork is already done.

 

Did he get ALL his vaccinations signed off at Knightsbridge? If not, figure out the civil surgeon steps he will have to take in the US because he didn't get them before the visa medical. 

 

Tips? Read the proper USCIS instructions for each form over and over instead of solely depending on VJ comments and lists. Make your own list from the form instructions. For example, the VJ guide to AOS makes it seem like one big packet. No, it is actually three packets that get mailed together in the same envelope

Great advice, but I would add one more thing.  Make sure one budgets for the cost of the AOS.  The lack of funds to file seems to be one of the bigger reasons couples put off filing the AOS after a K1 marriage.

 

To the OP, Good Luck, it seems you are doing everything to prepare for the journey.

[Hagrid 22]

17 hours ago, Brittani said:

My fiance emailed me today asking why it throws a red flag if we were to apply for adjustment of status through a K1 visa after we have married before 90 days of him entering the US....he will be arriving at the end of this month or beginning of July and we plan on marrying early August. Well, we were going to apply for AOS immediately of getting married like within a week or two. I read up about the "90 day rule" but from what I understand it's if you come to the US on a tourist visa or some type of strictly non immigrant intent visa with tourist/temporary intent ONLY, get married then apply for AOS while still here and all this was done within 90 days of entry.

 

My assumption is this doesn't apply to K1 visa because it's a dual intent visa with the intent of immigration from the get go. I know applying for AOS after 90 days as long as we're married is fine but my question is will we be ok applying before the 90 days of his entry? He obviously wants to work asap so we want to do the AP/EAD with it and waiting 90 days to apply will be a good bit of a delay for our personal plans. I know this is probably a dumb question but the immigration process is scary and you never know where a Lupoll could be lurking to delay it. I love knowing everything I can possibly know to protect us in the future. Plus, I'm sure somewhere in the future some poor ignorant soul (just like myself at this point) will be looking for this same answer and come across this thread.

 

Thanks in advance!

that's exactly the intent of the K1. Get married as soon as you want and file as soon as you can. 

get married within 90 days, period. 
File, as soon as you can after the wedding, even before or after the 90 day period, AOS is ok.

Wifey and I got married 10 days after my arrival and filed AOS 2 weeks after the wedding. By the time the 90 day period was over, I had already EAD in hand.

 

 

 

[Orangesapples 1,954]

10 hours ago, Naes said:

SSN with her married name may give some hard time. They tend to not give it if the name on I-94 doesn’t match. I would check on that. And it may also be too soon for SSN (in order for them to get information online) I would give it at least 2 days.

 

Just be careful with jet lag and filling out papers combination

..

It's definitely not too soon for SSN. 

[Crazy Cat 41,922]

4 hours ago, NikLR said:

Nor does it apply to any adjustment of status

Not according to this attorney (if I am reading the article correctly)... 

http://www.immigrationinsights.us/en/the-90-day-rule-preconceived-intent-and-willful-misrepresentation/

 

[Naes 12,205]

2 hours ago, Orangesapples said:

It's definitely not too soon for SSN. 

In a perfect world it is not as the electronic system is not suppose to lag, but unfortunately we heard in the monthly filers that a few cases took longer. So for such specific planning purposes, I would give more time.

[yuna628 9,678]

FWIW the old rule used to be you should give at least two weeks for you to show up in the system and go get the SSN. But then things went electronic, and it was supposed ease that issue, and for many it's perfectly fine to go to the SSA as soon as you'd like. I'd always check and see if you show up properly in the I-94 system before going to the SSA. You don't want to deal with dumb as a box of rocks if something isn't showing up properly yet. I think some of the potential problems happen not necessarily because X employee can't find you... but because they have no idea how to look or proceed to begin with. Always ask for supervisor if there's trouble and I certainly went there with printouts from their own website proving he was eligible to obtain an SSN just in case. Even though his I-94 record was just fine we still waited two weeks on the off chance, and because we weren't confident about our small town SSA. Luckily they knew what to do though it was rare for them to see a K1.

[June2018 3]

16 hours ago, TNJ17 said:

Get married within 90 days. File for AOS whenever. My advice is marry ASAP, file for AOS ASAP. We had all of our AOS paperwork filled out and ready to go before even entering the US. Got SSN, got married, and literally a day after we received the marriage certificate in the mail we sent AOS because we were just ready to go since we had already filled out all the forms. 

We sent our AOS packet on Friday (6/1/18) Exactly 3 years from our marriage (Reno) and 22 years,  not counting, of living together.

[NikLR 13,227]

1 hour ago, missileman said:

Not according to this attorney (if I am reading the article correctly)... 

http://www.immigrationinsights.us/en/the-90-day-rule-preconceived-intent-and-willful-misrepresentation/

 

Lawyers want money.  Also the lawyer clearly states it is in the DOS handbook and merely cited in the USCIS handbook.  He also stated that preconcieved intent cannot be the cause denial by the USCIS.  Have you read the entire article?  I did. 

 

Quote

Based on legal precedent in cases decided by the Board of Immigration Appeals (Matter of Cavazos – decided in 1980, Matter of Ibrahim – decided in 1981, and Matter of Battista – decided in 1987), in cases involving the immediate relative of a U.S. citizen, preconceived intent cannot be the basis for a denial if it is the only adverse factor. In practical terms, this means that, for example, if a non-immigrant marries a U.S. citizen and applies for a Green Card within 90 days of entry, the sole fact that he or she applied for the Green Card within the 90 days cannot be the only reason to deny the Green Card.

[...]
In conclusion, the 90-day rule is not a “rule” that exists in statutes or regulations. Rather, it is an analytical tool that may be used, along with other evidence, in cases where the actions of certain non-immigrant visa holders may be in violation of non-immigrant status. 

 

 

You cannot be denied AOS due to intent alone as the Immediate Relative of a USC. 

Edited June 3, 2018 by NikLR

[Crazy Cat 41,922]

2 minutes ago, NikLR said:

Lawyers want money.  Also the lawyer clearly states it is in the DOS handbook and merely cited in the USCIS handbook.  He also stated that preconcieved intent cannot be the cause denial bu the USCIS. 

 

 

 

He also stated " Therefore, even in case of a change or adjustment of status occurring 90 days after entry, the applicant should be ready to demonstrate a genuine non-immigrant intent at the time of the visa application or at the time of entry. "