k1 to adjustment of status timeline

[Doug & Bobbi 1]

I have recently received My K1 visa and will be travelling shortly (a week or so) to get married, We have not made final plans yet because we wanted to wait and ensure the K1 was a done deal before organising, booking and spending the relevant monies. My concern is that you have 3 months in which to get married, and in the fom they sent through with My Visa it states the adjustment of status can take up to 2 months; So what happens if the adjustment of status process is not complete by the time the 3 month limit on the K1 expires? Would I be able to stay on some kind of extension while the adjustment is completed or would I be forced to return home untill the adjustment is complete?

Of course we will be marrying ASAP but want to have a nice wedding not a rush job and also do not want to have to panick about running out of time on the K1 after we have married.

[meauxna 15]

From your entry, you have 90 days (not 3 months) status as a K-1. You have one obligation during that time: to marry your USC petitioner.

Ideally, you would also file to Adjust Status (AOS) before that 90 days is up. In reality, most people don't. So, what do you become?

After your 90 days is up, you have no status (also known as 'out of status') but there is no real penalty for this.

When your AOS application is received and entered into the system, you become "pending adjustment" (there's another more techincal term, but this is accurate enough IMO). You are allowed to legally remain in the US while your application is pending.

NOTE: it will typically take WAY more than 2 months for your AOS to be decided. If you want to know what *your* case might be like, look at the processing time for your District Office (not service center) for form I-485. Some offices can take up to 3 years--yours will likely be somewhere in between.

If you want to work, or travel internationally before your AOS completes, you will need special permissions (EAD and AP).

Time out of status won't start to count against you until you are 180 days out; ideally you will file your AOS before that. Many couples prepare the AOS paperwork ahead, have their wedding as you'd like, a little later on (but before 90 days are up!) and simple send it all in as soon as they get the certified copy of the marriage certificate.

TIP: be sure to apply for your Social Security account in your first 76 days, earlier is better. Apply in your maiden name and worry about changing it later, much later. Read posts from mdyoung for more info.

[Kez/JWolf 6]

I think you are a bit confused.... you enter on a K1 visa, you must get married within 90 days... once you are married you then file for AOS and apply for EAD and AP if you want to work and travel before AOS is approved... It can take from a few months to a year or more to be approved and receive your Greencard... during that time you establish your married life here in the States....

The K1 is a once only entry visa so once you have entered it is no longer valid but your status is K1 until the date on the I-94.... once you have filed for AOS your status changes to Adjustment pending...

Hope this helps

Kezzie

[Doug & Bobbi 1]

Confused would be an excellent description of how I feel most of the time with this whole visa process

In all fairness I've found if you take it step by step and make the most of the help that's out there (like this excellent site) it is not as daunting as it all seems. I was just concerned about what happens after the 3 months, and knowing I don't need to be concerned is a real relief!!!

Thanks for the answers! Folk at this site ROCK!!!!!

Doug & bobbi

[DanZel 0]

Time out of status won't start to count against you until you are 180 days out; ideally you will file your AOS before that.

What happens if you wait longer than 180 days? Like 225 days.

[thepizzadude 26]

Time out of status won't start to count against you until you are 180 days out; ideally you will file your AOS before that.

What happens if you wait longer than 180 days? Like 225 days.

Nonimmigrant

An alien who has been granted the right by the USCIS to reside temporarily in the United States. Each non immigrant is admitted into the United States in the non immigrant status, which corresponds to the class of visa with which, or purpose for which, he entered the United States (e.g., a foreign student may enter the United States on an F-1 visa, which corresponds to the F-1 student status in which he was admitted to the United States). Aliens in some non immigrant statuses are allowed to be employed in the United States, and others are not. Some non immigrant statuses have rigid time limits for the alien’s stay in the United States, while others do not. Each non immigrant status has rules and guidelines, which must be followed in order for the non immigrant to remain "in status." A non immigrant who violates one of these rules or guidelines will fall "out of status." An non immigrant who remains "out of status" for at least 180 days is deportable and will be unable to re-enter the United States for 3 years. A non immigrant who remains "out of status" for at least 365 days is deportable and will be unable to re-enter the United States for 10 years. Categories of immigrant and non immigrant visas may be viewed on the U.S. Citizenship and Immigration Services Web site.

This is the possibility...so it is best not to do this!

[hajjoura 0]

hey

i came to the us a year and 5 mounths ago, married my fiancee befor 90 days , but i didn't apply for my green card yet ,due to some problems, im still witout a status here , married but i didn't adjust my status yet .

i would really like to know if im gonna be deported or what exactly ...

TP : im going to aplly for my green card next mounth (( hopfully if its not too late ))

[DanZel 0]

17 Months is a LONG time. I don't think they will deport you since you are married here to an american.

But I'm sure they will want to know why you waited so long.

Fortunately they seem to be understanding to this bad economy we have been having.

Good luck,

Dan

[walran 24]

Several months ago there were a number of people who had filed for AOS after 2-5 years without issue so I would assume that you won't be deported but just need to get your filing done.. When my baby came they didn't say anything about filing for AOS by a certain date but they did mention multiple times being married before the 90 days was up..

Good Luck!

[KayDeeCee 4,893]

You are replying in a topic that is 10 years old and the posters have not logged onto VJ in years.

[TBoneTX 45,273]

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