After Marriage via K-1?

[Kiana & Katarina 192]

I know I can Google this, although I would like a straight answer from someone in the community instead of a government website:

 

Basically, with the K-1 visa you and your fiance have 90 days to get married in the States. Once you are married, can your fiance stay in the US indefinitely? I assume this is the point where most beneficiaries will apply for their marriage--based Green Card, but while the Green Card is pending, the beneficiary can stay in the US, right? Basically what I'm asking is, after the 90 days are up, the couple can live in the USA indefinitely? 

[Mike E 11,739]

3 minutes ago, katiana said:

Basically, with the K-1 visa you and your fiance have 90 days to get married in the States. Once you are married, can your fiance stay in the US indefinitely?

no

3 minutes ago, katiana said:

 

I assume this is the point where most beneficiaries will apply for their marriage--based Green Card, but while the Green Card is pending, the beneficiary can stay in the US, right?

yes 

3 minutes ago, katiana said:

Basically what I'm asking is, after the 90 days are up, the couple can live in the USA indefinitely? 

No

 

You are asking three questions and only two of them are asking the same thing.  
 

A K-1 entrant gets an authorized stay of 90 days.  Just getting married doesn’t extend the authorized stay. The authorized stay is extended by filing I-485.  

[Crazy Cat 41,885]

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Edited March 20, 2022 by Crazy Cat

[Crazy Cat 41,885]

13 minutes ago, katiana said:

I know I can Google this, although I would like a straight answer from someone in the community instead of a government website:

 

Basically, with the K-1 visa you and your fiance have 90 days to get married in the States. Once you are married, can your fiance stay in the US indefinitely? I assume this is the point where most beneficiaries will apply for their marriage--based Green Card, but while the Green Card is pending, the beneficiary can stay in the US, right? Basically what I'm asking is, after the 90 days are up, the couple can live in the USA indefinitely? 

After entering via a K-1, the entrant has 90 days to marry the petitioner.  However, on Day 91, the entrant's I-94 expires, and the entrant will be out of status and subject to deportation .....married or nor married. But once the married entrant submits a proper I-485, he/she will be granted "authorized stay" in the US until the I-485 is either approved or denied.  "Authorized Stay" is not a legal status, but it halts or avoids any unlawful presence as well as allowing the new immigrant to stay.. Thus it is advisable to marry AND file the I-485 package within 90 days of US entry.

You came to the right place to find this information.  You will not easily find it on any government web site...

Edited March 20, 2022 by Crazy Cat

[Kiana & Katarina 192]

3 minutes ago, Crazy Cat said:

After entering via a K-1, the entrant has 90 days to marry the petitioner.  However, on Day 91, the entrant's I-94 expires, and the entrant will be out of status and subject to deportation .....married or nor married. But once the married entrant submits a proper I-485, he/she will be granted "authorized stay" in the US until the I-485 is either approved or denied.  "Authorized Stay" is not a legal status, but it halts any unlawful presence as well as allowing the new immigrant to stay.. 

You came to the right place to find this information.  You will not easily find it on any government web site...

Thanks for the info, both you and @Mike E! I appreciate it a lot.

 

Do you by chance know how long it takes for a I-485 petition to be approved? 

[Crazy Cat 41,885]

2 minutes ago, katiana said:

Thanks for the info, both you and @Mike E! I appreciate it a lot.

 

Do you by chance know how long it takes for a I-485 petition to be approved? 

Currently, it could up to 8 months just to get an EAD allowing the new immigrant to work.  Your I-485 processing time depends a lot on your local USCIS office.  Overall, as reported by other VJ members, the average is about a year. 

[Mike E 11,739]

28 minutes ago, Crazy Cat said:

 .  "Authorized Stay" is not a legal status,   

    

Congress is not in alignment with this oft repeated notion https://www.dhs.gov/xlibrary/assets/real-id-act-text.pdf
 

“B) EVIDENCE OF LAWFUL STATUS- A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person--

 

[…]
 (ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States”

 

I agree that a pending I-485 is neither a lawful immigrant status nor a lawful non-immigrant status, but Congress’s (most recent I believe) statement on the topic is that it is a lawful status.  
 

I believe Congress meant to write “authorized status” and not “lawful status” yet I doubt the Supreme Court will give Congress a pass.  A pending I-485 is a lawful status as of 2005.  

Edited March 20, 2022 by Mike E

[Crazy Cat 41,885]

5 minutes ago, Mike E said:

Congress is not in alignment with this oft repeated notion https://www.dhs.gov/xlibrary/assets/real-id-act-text.pdf
 

“B) EVIDENCE OF LAWFUL STATUS- A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person--

 

[…]
 (ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States”

 

I agree that a pending I-485 is neither a lawful immigrant status nor a lawful non-immigrant status, but Congress’s (most recent I believe) statement on the topic is that it is a lawful status.  

This is the source I usually use.  However, the information is from 2018.  This explains it pretty well, imho.  Of course, the important thing is that the I-485 grants "authorized stay".  Fortunately, many, if not most, states allow I-485 applicants to get driver's licenses, etc due to the source you posted.  Thanks.

 

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

Edited March 20, 2022 by Crazy Cat

[Genzo10 16]

22 minutes ago, Crazy Cat said:

This is the source I usually use.  However, the information is from 2018.  This explains it pretty well, imho.  Of course, the important thing is that the I-485 grants "authorized stay".  Fortunately, many, if not most, states allow I-485 applicants to get driver's licenses, etc due to the source you posted.  Thanks.

 

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

If we get married on the 89th day and send the file 2 days later, are we illegal since the file takes a long time to be processed and received?

thank you

[powerpuff 6,705]

51 minutes ago, katiana said:

Do you by chance know how long it takes for a I-485 petition to be approved? 

Depends on your local field office (LFO). You can look up which one is yours on USCIS 

 

currently it’s taking 8.5 to 13 months for EAD. You might end up getting your GC sooner which is what happened to me.

[Mike E 11,739]

1 minute ago, Genzo10 said:

If we get married on the 89th day and send the file 2 days later, are we illegal since the file takes a long time to be processed and received?

thank you

Yes because on day 91 you are illegal.  This unlawful presence is forgiven once you get your green card.  
 

Don’t play around, send your I-485 package on day 90 or earlier. Otherwise this can happen:

 

 

 

[Crazy Cat 41,885]

7 minutes ago, Genzo10 said:

If we get married on the 89th day and send the file 2 days later, are we illegal since the file takes a long time to be processed and received?

thank you

Some couples have waited years to file the I-485 ....However, the example @Mike E gave should be reason enough, imo, to make sure USCIS receives the proper I-485 package before 90 days....just my opinion. 

Edited March 20, 2022 by Crazy Cat

[Crazy Cat 41,885]

The longer you wait to submit the proper I-485, I-131, and I765,  the longer it will just delay the new immigrant's ability to work, travel outside the US, get the Green Card, and file for citizenship.  There are NO advantages to waiting. 

 

By the way, when I say "proper" I-485, I mean one which has been accepted by USCIS.  

Edited March 21, 2022 by Crazy Cat

[Daphne . 1,866]

You have been given good advice here regarding the next steps so I just wanted to chime in on the the downsides of the K1 route. Please be aware that the beneficiary will not be allowed to work, travel (if no advance parole filed) and drive (in some states) for several months! They will have no/very little independence. Moving to a new country is challenging enough as it is and having to be housebound for months does not help.
If possible, I would strongly suggest to get married and file for the spousal visa instead. Once issued, this will enable the beneficiary to work and travel immediately after entering the States.

[SteveInBostonI130 3,454]

6 hours ago, Genzo10 said:

If we get married on the 89th day and send the file 2 days later, are we illegal since the file takes a long time to be processed and received?

thank you

 

Here is a post of someone who waited to file.  2 weeks after their I-94 expired the person was in a traffic accident.  That lead police to investigate the person's status, discover they were out of status, and turned them over to ICE and was jailed.