URGENT! K1 Visa, Married within 90 days - AOS Filed almost 3 years later

[Kswaf297 43]

Hi all,

 

My husband and I got married within our 90 day window for his k1 visa. Unfortunately with an unexpected move and loss of a job and then covid and nother loss of a job, we were unable to file due to not having the financial backing to say I could support him and our son.

Our AOS is in route to the lockbox and should arrive on Tuesday, however we are hoping to be able to travel within the united states after receiving the i-797. He has not worked, we have not travelled and I am hoping that his overstay is not going to be a huge deal, however I do know that he is way out of status. Has this happened to anyone else? I am curious to see what the outcome was? We have been together for 6 years and have a 5 year old together that was born in the US.

I have all the proof needed to show that I have not been able to prove my finances to be above the required amount over the last 2.5 years. We now have a cosponsor since I didn't make enough in 2020 and 2021, our cosponsor is my father who qualifies x100 but I am nervous about what will happen if anything at all.

 

We would also like to see if we can expedite his EAD, not sure if that's even possible.

 

THANKS IN ADVANCE!

[Verrou 1,962]

when he traveled within US later bring the receipt letter and marriage certificate. Once he got the receipt letter he’s covered as long as the AOS is pending. 

[powerpuff 6,705]

~ Topic moved from AOS K1/K3 Progress Reports to Process ~ 

 

You took a huge gamble by him being here illegally and being subject to deportation all these years but it’s hardly a unique situation. Overstay is forgiven for spouses of US citizens so it won’t be a problem. 
 

17 minutes ago, Kswaf297 said:

We would also like to see if we can expedite his EAD, not sure if that's even possible.

This is usually granted if you can provide a job offer letter 

Edited March 26, 2022 by powerpuff

[mushroomspore 3,044]

54 minutes ago, Kswaf297 said:

Hi all,

 

My husband and I got married within our 90 day window for his k1 visa. Unfortunately with an unexpected move and loss of a job and then covid and nother loss of a job, we were unable to file due to not having the financial backing to say I could support him and our son.

Our AOS is in route to the lockbox and should arrive on Tuesday, however we are hoping to be able to travel within the united states after receiving the i-797. He has not worked, we have not travelled and I am hoping that his overstay is not going to be a huge deal, however I do know that he is way out of status. Has this happened to anyone else? I am curious to see what the outcome was? We have been together for 6 years and have a 5 year old together that was born in the US.

I have all the proof needed to show that I have not been able to prove my finances to be above the required amount over the last 2.5 years. We now have a cosponsor since I didn't make enough in 2020 and 2021, our cosponsor is my father who qualifies x100 but I am nervous about what will happen if anything at all.

 

We would also like to see if we can expedite his EAD, not sure if that's even possible.

 

THANKS IN ADVANCE!

3 years is a long time to be out of status and luckily, it'll be forgiven at the interview. But you're EXTREMELY lucky that K1 visa holders who go out of status aren't really USCIS/ICE's priority. It happens though and you should be fine but be prepared to answer questions; they may ask about the long out-of-status period or they may not. And yes, your husband is fine to travel domestically. We don't have customs for entering/exiting different states and visas are not issued to say, "You may only enter state XXX with this visa and you must obtain a new visa to enter any of the other states." They tell you, "Welcome to the USA (aka, the entire country)" when they let you in because immigration is federally mandated, not state mandated.

Edited March 26, 2022 by mushroomspore

[Chancy 6,241]

1 hour ago, Kswaf297 said:

I do know that he is way out of status. Has this happened to anyone else? I am curious to see what the outcome was?

 

Your husband has been lucky.  Just one unfortunate encounter and this could have happened to him --

 

 

[Kswaf297 43]

10 minutes ago, Chancy said:

 

Your husband has been lucky.  Just one unfortunate encounter and this could have happened to him --

 

 

Agreed, we are very fortunate that something like has not happened. It is a fear of mine every time we get into a car or go anywhere really.

[Crazy Cat 41,885]

45 minutes ago, Kswaf297 said:

Agreed, we are very fortunate that something like has not happened. It is a fear of mine every time we get into a car or go anywhere really.

Waiting to file for adjustment of status only delays the time when the new immigrant can work, leave the US, get the green card, and file for citizenship.  There are no benefits in waiting to file.  Good luck. 

[Mike E 11,739]

USCIS forgives. ICE doesn’t always forgive.  Having escaped the notice of ICE for this long, it is probably safe to travel with the I-485 receipt but I would stay 100 miles from the borders of Mexico and Canada.  
 

At an internal Border Patrol (BP) check point there is always the risk of an overly inquisitive BP officer seeing the history associated with the alien number and noticing three years of unauthorized presence.  You live 120 or so miles from the border, so by now you’ve likely figured out where BP likes to set up shop, if it does at all.  
 

On the plus side, you won’t have I-751 to deal with.