K1 - married but no AOS

[SorrowL 138]

Hello everyone!

 

Im here collecting some information for good friends of mine who are in a situation.

 

the situation is as follows:

the fiancé entered the US via K1, and they got married within 90 days. The now spouse also performed a medical exam and passed.

 

they have a dual national child together now, and the spouse still has not filed for Adjustment due to career changes and monetary issues. 
 

they have been in the US for longer than 1 year now without filing AOS.

 

Here’s some questions they got:

 

if they leave the country, will the spouse be susceptible to a travel ban to return? 

 

what steps are needed now to file for AOS? Would they have to file an I-130 now with an AOS, as the K1 is expired?

 

also what is their current legal status? I assume they are a overstay by law and deportable, but they asked a lawyer and he said that they are “status pending”. 
 

thanks for any assistance!

[aaron2020 11,651]

Hi,

 

Since the K-1 has overstayed for more than 180 days, leaving would mean a 3 years ban.  If the overstay is more than a year, then leaving would mean a 10 years ban.  Leaving without AP or a green card is just a bad horrible idea.  

Since they married within 90 days, an I-130 is not needed.  File the I-485 and accompanying paperwork.  Follow the Guides on VJ.

 

Current status is K-1 visa overstay.  There's no status pending since AOS has not been filed.  Don't go with that lawyer.  

 

 

[SorrowL 138]

16 minutes ago, aaron2020 said:

Hi,

 

Since the K-1 has overst...

 

 

Thank you for your reply!

 

so, even if the overstay is beyond 1 year, they just need to file the I-485? No need to re-apply with I-130?

[JFH 12,191]

5 minutes ago, SorrowL said:

Thank you for your reply!

 

so, even if the overstay is beyond 1 year, they just need to file the I-485? No need to re-apply with I-130?

Correct. As the spouse of a USC they can adjust status inside the country. Even in overstay. No I-130 needed (that is only needed if they did not marry within the 90 days of arrival on a K-1).

 

Leaving now would be the worst decision. The ban would apply. It doesn’t apply until you leave so she should stay. However the second worst decision would be not filing AOS immediately. The longer they delay it, the longer she is out of status and can be deported. Will ICE come knocking on the door tomorrow? Probably not. The chances of a generally law-abiding spouse of a USC being deported for a K-1 overstay are slim, ICE have more serious cases to deal with than that. But it is absolutely possible. 

[Ontarkie 14,369]

~~Moved to AOS Family K1/K3 from K1 P&P - the OP's is helping a friend about the AOS process.~~

[NancyNguyen 1,658]

19 hours ago, SorrowL said:

Hello everyone!

 

Im here collecting some information for good friends of mine who are in a situation.

 

the situation is as follows:

the fiancé entered the US via K1, and they got married within 90 days. The now spouse also performed a medical exam and passed.

 

they have a dual national child together now, and the spouse still has not filed for Adjustment due to career changes and monetary issues. 
 

they have been in the US for longer than 1 year now without filing AOS.

 

Here’s some questions they got:

 

if they leave the country, will the spouse be susceptible to a travel ban to return? 

 

what steps are needed now to file for AOS? Would they have to file an I-130 now with an AOS, as the K1 is expired?

 

also what is their current legal status? I assume they are a overstay by law and deportable, but they asked a lawyer and he said that they are “status pending”. 
 

thanks for any assistance!

Not every lawyer is good, that lawyer is not one of the good ones. File i485 with copy of i-129 approval along with other forms. Don’t ever leave until she has at least AP card. 

[CrisBR 30]

19 hours ago, SorrowL said:

Hello everyone!

 

Im here collecting some information for good friends of mine who are in a situation.

 

the situation is as follows:

the fiancé entered the US via K1, and they got married within 90 days. The now spouse also performed a medical exam and passed.

 

they have a dual national child together now, and the spouse still has not filed for Adjustment due to career changes and monetary issues. 
 

they have been in the US for longer than 1 year now without filing AOS.

 

Here’s some questions they got:

 

if they leave the country, will the spouse be susceptible to a travel ban to return? 

 

what steps are needed now to file for AOS? Would they have to file an I-130 now with an AOS, as the K1 is expired?

 

also what is their current legal status? I assume they are a overstay by law and deportable, but they asked a lawyer and he said that they are “status pending”. 
 

thanks for any assistance!

Hello!

Filing a AOS as soon as possible is the best thing to do.

The more she waits, the more time to get the work permit and the resident card.

Leaving the US without a travel parole document or a permanent resident card is a recipe for nightmare since she won’t be admitted back in the US without one of those.

So, long story short, I’d start by filing the AOS. No more wait! 

Keep in mind that AOS leads to two important documents and those mean freedom and law-abiding life! 

Best of luck!

[Lucky2Lucky 2,526]

23 hours ago, SorrowL said:

Hello everyone!

 

Im here collecting some information for good friends of mine who are in a situation.

 

the situation is as follows:

the fiancé entered the US via K1, and they got married within 90 days. The now spouse also performed a medical exam and passed.

 

they have a dual national child together now, and the spouse still has not filed for Adjustment due to career changes and monetary issues. 
 

they have been in the US for longer than 1 year now without filing AOS.

 

Here’s some questions they got:

 

if they leave the country, will the spouse be susceptible to a travel ban to return? 

 

what steps are needed now to file for AOS? Would they have to file an I-130 now with an AOS, as the K1 is expired?

 

also what is their current legal status? I assume they are a overstay by law and deportable, but they asked a lawyer and he said that they are “status pending”. 
 

thanks for any assistance!

Your friend has been deportable for a year and has no legal status. She’s illegal. Unfortunately if husband was not able to provide for her he should have put off petitioning until he was financially able.