How strict is the K1 90 days?

[Skyman 323]

Just curious what the consequences are for marrying after the 90 days?   Say you marry on day 95 and then file the AOS.  Is that a major problem? 

[Lil bear 4,218]

4 minutes ago, Skyman said:

Just curious what the consequences are for marrying after the 90 days?   Say you marry on day 95 and then file the AOS.  Is that a major problem? 

Yes this is a very major problem. It will mean that the k1 visa holder will be out of status and unable to complete the adjustment of status to Permanent  Resident. The now spouse will be illegally in the US and facing deportation if picked up by ICE.  Don’t go there .. 90 days isn’t a suggestion or guide .. 

[SalishSea 17,836]

15 minutes ago, Skyman said:

Just curious what the consequences are for marrying after the 90 days?   Say you marry on day 95 and then file the AOS.  Is that a major problem? 

It's not a major problem, but it would put the alien fiance out of status, just like they would be when filing for AOS after the 90 days.   An I-130 would need to be filed concurrently.

[payxibka 10,045]

21 minutes ago, Skyman said:

Just curious what the consequences are for marrying after the 90 days?   Say you marry on day 95 and then file the AOS.  Is that a major problem? 

90 days means 90 days not 91 days.

[Joyoussinger 1,425]

9 hours ago, Skyman said:

Just curious what the consequences are for marrying after the 90 days?   Say you marry on day 95 and then file the AOS.  Is that a major problem? 

During our AOS interview, one of the things the IO checked was that we had gotten married within the 90 days. Yeah, I would say it's crucial.

[Crazy Cat 41,886]

11 hours ago, Skyman said:

Just curious what the consequences are for marrying after the 90 days?   Say you marry on day 95 and then file the AOS.  Is that a major problem? 

If you marry after 90 days, you must file an I-130 concurrently with the I-485 package....that's it.

Edited April 2, 2021 by Lucky Cat

[Joyoussinger 1,425]

11 hours ago, Jorgedig said:

It's not a major problem, but it would put the alien fiance out of status, just like they would be when filing for AOS after the 90 days.   An I-130 would need to be filed concurrently.

I didn't realize that. Thank you for the correction. This is from the USCIS website:  

"K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. Generally, your fiancé(e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law. This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits.

However, if you marry your fiancé(e) after the 90 day period, you may file a Form I-130, Petition for Alien Relative. Go to the Bringing Spouses to Live in the United States as Permanent Residents page for more information about how to help your foreign spouse get a Green Card. Generally, your fiancé(e) may not apply for a Green Card on any other basis besides marriage to you."

[aaron2020 11,651]

1 hour ago, Joyoussinger said:

I didn't realize that. Thank you for the correction. This is from the USCIS website:  

"K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. Generally, your fiancé(e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law. This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits.

However, if you marry your fiancé(e) after the 90 day period, you may file a Form I-130, Petition for Alien Relative. Go to the Bringing Spouses to Live in the United States as Permanent Residents page for more information about how to help your foreign spouse get a Green Card. Generally, your fiancé(e) may not apply for a Green Card on any other basis besides marriage to you."

 

A K-1 overstay can marry the US citizen K-1 petitioner after the 90 days and file to adjust status with a concurrent I-130.  That clears up any problem.  ICE is not coming to deport anyone in this situation.

Edited April 2, 2021 by aaron2020

[retheem 566]

5 hours ago, aaron2020 said:

 

A K-1 overstay can marry the US citizen K-1 petitioner after the 90 days and file to adjust status with a concurrent I-130.  That clears up any problem.  ICE is not coming to deport anyone in this situation.

They are busy handling the southern border issue. They have no time to follow someone who took 95 days to get married lol

[JacobP 185]

2 hours ago, retheem said:

They are busy handling the southern border issue. They have no time to follow someone who took 95 days to get married lol

Unwise advice here. If you find yourself in the wrong place at the wrong time, you could very much end up in DHS custody, and rest assured they did not send the entirety of ICE or CBP to the southern border. Surprised no one brought this thread up

 

[Russel1995 163]

If you marry within the 90 days but file for AOS after the 90 days.. that is fine, but you are still in the US unlawfully until the AOS is filed.

 

As others have stated, if you marry after the 90 days, you must also file the I130 with the i485.  But you will still be out of status until that I485 + I130 is filed, and accepted.

 

I recall a thread on here where a woman was taken into DHS custody during a traffic stop.  She entered on a k1 visa, married within 90 days, but never yet filed the AOS.  She was simply in the wrong place at the wrong time.  DHS won't come knocking on your door, but a mishap of events could end unfavorably for you until that AOS and I130, if required,  is filed.

 

Edited April 3, 2021 by Russel1995