Medical Insurance for K1 Fiance

[thonati 33]

12 hours ago, TBoneTX said:

Edited to add:  What's the precise name of the policy?

I will have to look that up again.  However, it is though United Health Care's PPO network.  My Doctor participates so if/when we get married, I will add her to my BCBS Insurance and she keeps the same Doctor, just different policy.

 

UHC also has travel insurance for USC traveling abroad that is much cheaper than the policies you buy from the airlines or their affiliates.

[Crazy Cat 41,850]

2 minutes ago, thonati said:

There is no "out of status" once married and past the 90 days. 

That is inaccurate.  

[Crazy Cat 41,850]

17 minutes ago, thonati said:

So with your logic, if she did not file I-485 within 90 days, she is out of status and must leave the US immediately?

Correct.  Marriage confers no immigration rights or rights to remain in the US.  Only after a married K-1 entrant submits a proper I-485 will he/she be granted "authorized stay" until the I-485 is adjudicated. "Authorized Stay" is not a legal status.  The person remains out of status, but does not accrue unlawful presence.  

Edited July 24 by Crazy Cat

[yuna628 9,676]

5 minutes ago, thonati said:

 There is no "out of status" once married and past the 90 days.  The foreigner cannot leave the country whether the I-485 is filed or not. 

This is completely inaccurate. I might suggest this may be an excellent case for Jim Hacking and perhaps he could give you the logical confidence in the perfectly reasonable and accurate information that has already been provided here on this forum.

[Crazy Cat 41,850]

20 minutes ago, thonati said:

However, I am sure there is a maximum time (2 years perhaps).

That is inaccurate.

[Crazy Cat 41,850]

28 minutes ago, thonati said:

There is no requirement to apply for the AOS within 90 days.

Only if the K-1 entrant is OK with the risk of being detained and deported.

 

 

[beloved_dingo 1,976]

25 minutes ago, thonati said:

There is no requirement to apply for the AOS within 90 days.  This is very clear on the USCIS website.  The only requirement is "bonafide" marriage before the 90 days.  There is no "out of status" once married and past the 90 days.  The foreigner cannot leave the country whether the I-485 is filed or not.  I did not see on the website where there is a maximum number of days/years AFTER marriage when the I-485 is required to be filed.  However, I am sure there is a maximum time (2 years perhaps).  The Instructions for I-485 did not mention this that I found.

 

Again, not to sound rude but your logic does not make sense.  Let's say a couple gets married at 75 days.  It is a huge, traditional wedding with all the trimmings that lasts the weekend.  The foreign fiance has family here so she/he has a full contingent.  Then the couple goes on honeymoon for a month (US based cruise, traveling route 66 in a convertible 1966 Shelby Mustang (Pink of course).  By the time they return from the honeymoon, it is well beyond the 90 days.  So with your logic, if she did not file I-485 within 90 days, she is out of status and must leave the US immediately?  Do you see my point now?

 

There is one thing that is very clear, you must be married by mid-night on the 90th day or she is out of status and MUST leave the US immediately.  In some cases, the CBP agent will tell the arriving fiance she must be married by XXX date (90 days from arrival date) or she must leave.  She must acknowledge this fact.

You are confidently incorrect. 

[thonati 33]

20 minutes ago, Crazy Cat said:

That is inaccurate.  

Please provide evidence where the foreigner must leave the country if the I-485 is not filed before the 90th day?  I have the I-485 from USCIS in front of me and it CLEARLY states the marriage must be completed before the 90 days.  No where does it state the I-485 MUST be completed, submitted and received by the 90th day.  It does not say that anywhere on the form.

 

Again, the logic of some people on this board is bizarre.  For example, let's say the couple gets married within the 90 days.  The couple lives in a remote area of the US where Postal Service is sketchy.  It could take a few days to get the mail to the USPS, then the USPS takes a few days to get it to the Distribution center and into the network.  The IRS will accept mail that is postmarked as the "submission" date.  I cannot find this on the I-485 form where the USPS postmark is accepted as the submission date. 

 

Let's say this couple uses UPS or FedEx and the package gets re-routed and a few days are lost.  Are you saying if the USCIS does not recieve the I-485 form by mid-night of the 90th day the fiance is required to leave the country the very next day?  Do you see the error in your logic?  Again, no where is this stated on the I-485 form.  I will be happy to buy a beer for anyone that finds it.  I will even pay in bitcoin.

[Crazy Cat 41,850]

19 minutes ago, thonati said:

Please provide evidence where the foreigner must leave the country if the I-485 is not filed before the 90th day? 

All non-immigrant entrants must leave before the I-94 expires.

Edited July 24 by Crazy Cat

[Crazy Cat 41,850]

1 hour ago, thonati said:

Are you saying if the USCIS does not recieve the I-485 form by mid-night of the 90th day the fiance is required to leave the country the very next day?

I am saying the person, married or not, is out of status after their I-94 expires.  In the case of a K-1 entrant, it is 90 days after entry via the K-1.

Edited July 24 by Crazy Cat

[Crazy Cat 41,850]

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Edited July 24 by Crazy Cat

[beloved_dingo 1,976]

Good luck to you, OP. This will be my last post in this thread, because clearly you do not want advice or assistance from the people here. 😅

 

Your fiancé will be out of status after 90 days of entry with her K1 visa, if AOS isn't filed (and she won't have proof of her legal status without the I-485 receipt). I suppose it's up to you if you want to take a risk that's completely unnecessary by filing after 90 days. 

[thonati 33]

4 minutes ago, Crazy Cat said:

I am saying the person, married or not, is out of status after their I-94 expires.  In the case os a K-1 entrant, it is 90 days after entry via the K-1.

Did you not read the reference you sited?  It states:  "Once you marry, you are treated as an immediate relative"

[Crazy Cat 41,850]

1 hour ago, thonati said:

"Once you marry, you are treated as an immediate relative"

That, alone, confers no immigration rights or right to remain in the US.  My reference was to the thread in which the OP related her experience as a married K-1 entrant who was detained....not her misconceptions.

Edited July 24 by Crazy Cat

[Crazy Cat 41,850]

15 minutes ago, thonati said:

Did you not read the reference you sited?  It states:  "Once you marry, you are treated as an immediate relative"

Perhaps you did not get the message from the OP of that thread I linked.  She entered via a K-1, married, but did NOT submit an I-485 within 90 days.  She was detained for 5 weeks due to being out of status.

Edited July 24 by Crazy Cat