K-1 = 90 days to file I-485?

[R. Wolfe 25]

I understand very well that you have 90 days after arrival on a K-1 to get married or leave the country.

Must you file the I-485 etc. within that same 90 day window?

 

There appears to be quite a mountain of paperwork to gather (what with the I-485, 944, 864, 212,  etc.), and this is not an easy time of year to get things done. It would be nicd

[JonSeattle 202]

There is no time limit by which you have to file the I-485, but there are many reasons to not put it off too long. 

[Ayrton 965]

7 minutes ago, x3n said:

I understand very well that you have 90 days after arrival on a K-1 to get married or leave the country.

Must you file the I-485 etc. within that same 90 day window?

 

There appears to be quite a mountain of paperwork to gather (what with the I-485, 944, 864, 212,  etc.), and this is not an easy time of year to get things done. It would be nicd

No, but it's not advised. After 90 days, they're out of status and subject to deportation.

 

The forms are pretty straight forward, the only one that might take some time is the 944 but you can always mail without some of the evidence and wait for a RFE or bring it to the interview.

[Chancy 6,243]

11 minutes ago, x3n said:

Must you file the I-485 etc. within that same 90 day window?

 

As others have said, it is not required to file within 90 days of US entry.  That said, it is highly recommended to file the I-485 paperwork as soon as possible.  It only takes one unlucky encounter to get in trouble with ICE.  The risk may be very low, but it would be better to eliminate the risk altogether.  You don't want something like this to happen to your family --

 

 

[Crazy Cat 41,985]

46 minutes ago, x3n said:

I understand very well that you have 90 days after arrival on a K-1 to get married or leave the country.

Must you file the I-485 etc. within that same 90 day window?

 

There appears to be quite a mountain of paperwork to gather (what with the I-485, 944, 864, 212,  etc.), and this is not an easy time of year to get things done. It would be nicd

Once your I-94 expires (90 days after arrival), you will be out of status and subject to deportation.  Once a proper I-495 is filed, you will be granted authorized stay while the I-485 is pending.   Your choice....your risk.....

[Boiler 45,741]

Bearing in mind a K1 can not work etc begs the question why a few hours could not be spent on getting this done?

[Crazy Cat 41,985]

There just are no benefits in delaying submittal of  the Adjustment of Status package.

[R. Wolfe 25]

 

Is being "out of status" like overstaying a visa? As in it would cause problems with entering the US again in the distant future  (assuming you left the US for some reason after the 90 days but before being filing the I-485 etc.)?  

 

[Boiler 45,741]

It could, would depend on how long you overstayed, whether you incurred a ban, and on what basis you were seeking to re enter, may well cause an issue if as a tourist.

[carmel34 3,646]

16 minutes ago, x3n said:

Is being "out of status" like overstaying a visa? As in it would cause problems with entering the US again in the distant future  (assuming you left the US for some reason after the 90 days but before being filing the I-485 etc.)?  

In a K-1 situation (appears to be your case), if the beneficiary leaves the US prior to getting AP (advance parole), which can only be done by filing an I-131, typically sent with the I-485 adjustment of status and I-765 work authorization application (EAD), the beneficiary would likely be denied entry if trying to enter the US as the adjustment of status (and AP and EAD) would be considered abandoned and the whole K-1 process would have to start over.  It may be possible to enter during the K-1 process, with a valid tourist visa, but that would be at the discretion of the CBP officer.  The K-1 is a single-use visa.  Once it has been used by the beneficiary to enter the US, it's finished and cannot be used again.  AP and EAD approval can take 6-8 months from submitting the I-131 and I-765, and the I-485 (adjustment of status for a green card) can take even longer depending on where you live.  Most recommend submitting all three as soon as you get the marriage certificate.  Once you have proof of the I-485 being received by USCIS, the beneficiary is in a period of "authorized stay" and cannot be detained or deported, but cannot leave the country without abandoning the whole process.  Good luck! 

Edited December 24, 2020 by carmel34

[Ayrton 965]

23 minutes ago, x3n said:

 

Is being "out of status" like overstaying a visa? As in it would cause problems with entering the US again in the distant future  (assuming you left the US for some reason after the 90 days but before being filing the I-485 etc.)?  

 

If you leave before filing for AOS, you won't be allowed back in, as the visa is an one time use visa.  The USC would have to apply for a spouse petition.

 

The overstay is forgiven though for spouse's of USC, if you apply for the spouse visa.

Edited December 24, 2020 by Ayrton

[SalishSea 17,970]

1 hour ago, x3n said:

 

Is being "out of status" like overstaying a visa? As in it would cause problems with entering the US again in the distant future  (assuming you left the US for some reason after the 90 days but before being filing the I-485 etc.)?  

 

Out of status is out of status.  As in, no legal permission to be in the United States.  If you marry and fail to file for AOS, and the I-94 expires, you're then out of status and deportable.

 

Even if you properly filed for AOS, you wouldn't be readmitted without the advance parole, which will take about 8 months to process.

[Demise 1,305]

3 hours ago, x3n said:

I understand very well that you have 90 days after arrival on a K-1 to get married or leave the country.

Must you file the I-485 etc. within that same 90 day window?

 

There appears to be quite a mountain of paperwork to gather (what with the I-485, 944, 864, 212,  etc.), and this is not an easy time of year to get things done. It would be nicd

You have to marry within 90 days of entry in order to AOS via the K-1 visa and the underlying I-129F, there is no actual time limit to file I-485 but you should do it while your I-94 is still valid.

 

If you marry late, you can still proceed with AOS, but in this case you would need to get a new I-130 rolling.

[HRQX 4,145]

1 hour ago, Ayrton said:

if you apply for the spouse visa.

For spouse Immigrant Visa, the beneficiary would be subject (depending on length of overstay) to the applicable overstay bar. Thus, a waiver would have to be applied for with Form I-601: https://www.uscis.gov/i-601-addresses

I am... Seeking an immigrant visa or a nonimmigrant K or V visa and I have been found inadmissible by a consular officer after my visa interview.

[Dashinka 24,647]

12 hours ago, x3n said:

 

Is being "out of status" like overstaying a visa? As in it would cause problems with entering the US again in the distant future  (assuming you left the US for some reason after the 90 days but before being filing the I-485 etc.)?  

 

Yes, “out of status” is any unauthorized stay inside the US, so once the 90 days of authorized stay expires, then the immigrant begins accruing “out of status” stay.  As to the total of your question, that is very ambiguous as one would need to understand specifics.  If someone enters on a K1, gets married, does not file AOS and eventually leaves the US, if the couple are still married, then a spousal visa would be necessary and the “out of status” may not cause a big issue unless unless it is excessive (greater than 6 months) where more paperwork such as a waiver may be necessary.  On the other hand if the marriage does not work out and the immigrant leaves after 90 days but before getting a GC through AOS, and sometime in the future the immigrant wants to try for another visa such as a B2/ESTA, it may be a bigger issue.

 

As other have said, there is no time limit to file the AOS after a K1 marriage, but given all the benefits of getting employment authorization, advanced parole, and eventually a green card, why wait.