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

[NikLR 13,227]

But they cant deny due to intent.  They can make the case take longer, they can do home visits, they can't deny due to intent alone.  Hes a lawyer.  He wants money from people who have nothing to fear but what they dont know.  In this case it's the immigration system. 

[Dashinka 24,583]

1 hour ago, missileman said:

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. "

 

1 hour ago, NikLR said:

But they cant deny due to intent.  They can make the case take longer, they can do home visits, they can't deny due to intent alone.  Hes a lawyer.  He wants money from people who have nothing to fear but what they dont know.  In this case it's the immigration system. 

Regardless, this doesn’t really apply to the OP and the K1 visa as even though it is an NIV, it is dual intent and an AOS is expected soon after the marriage which the article/analysis leaves out of its scope.

[Crazy Cat 41,976]

Just now, Bill & Katya said:

 

Regardless, this doesn’t really apply to the OP and the K1 visa as even though it is an NIV, it is dual intent and an AOS is expected soon after the marriage which the article/analysis leaves out of its scope.

Agree 100%. 

[geowrian 22,337]

K-1 permits dual-intent, so intent cannot be an issue upon entry or for AOS in either case. Immigrant intent is prohibited on most NIVs, but not any K class visa.

A couple other common dual intent visas are H-1B, L-1, and O-1.

 

20 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. 

Not personally, but there are cases where 1) somebody was detained, 2) somebody faced an immigration judge, and I'm assuming 3) went through the full removal process (i.e. if they were no longer married or the marriage was no longer being sustained...such as no longer together but not legally separated either).

A K-1 visa holder is only granted 90 days of authorized stay in the US, as noted on their I-94. Anybody staying past their I-94 (without a new status or being granted an authorized stay) is illegally present in the US and subject to removal. As others noted, a simple overstay is not a priority for ICE, but there's always cases of somebody getting picked up by agents with only an overstay on their history...more often in some areas than others.