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Everything posted by Crazy Cat
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https://www.justanswer.com/immigration-law/r4c1j-wife-entered-u-s-k1-visa-already-married.html " K1 Visa Adjustment of Status: Timing for Form I-485 Filing Confusion about filing deadlines and maintaining lawful status after K1 visa entry. After marriage within 90 days of K1 visa entry, the spouse should file Form I-485 to adjust status. The 90-day period applies to marriage, not the I-485 filing deadline. Filing after the I-94 expiration can risk unlawful presence issues. It is important to file the I-485 promptly after marriage to maintain legal status. USCIS requires timely submission to avoid complications, but exact timing depends on individual circumstances and current immigration policies."
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https://www.lawfirm1.com/non-immigrant-visas/how-to-obtain-a-k-1-fiance-visa/adjustment-of-status-through-k-1-visa-entry/ " Form I-485, Application to Register Permanent Residence or Adjust Status You, the foreign national spouse, will file Form I-485 after you and your spouse have married. Again, the marriage needs to take place within 90 days of your arrival in the U.S. It is advised that you file Form I-485 before the 90 days is up because that is when your I-94 expires. You are allowed to file the adjustment of status visa after the 90-day time window has expired, but note that your legal status will have expired. Your legal status will expire with the K-1 visa — regardless of your marital status. One of the requirements for Form I-485 is to show that you have maintained lawful status in the U.S."
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After 90 days, you are out of status....and deportable. Marriage to US citizen gives no immigration rights or rights to remain in the US. However, once you file a proper I-485, you are granted authorized stay in the US until the I-485 is adjudicated. "Authorized Stay" is not a legal status, but prevents further unlawful presence. It is highly recommended to file for adjustment of status before the end of 90 days after entering the US. There is no benefit in waiting to do so.
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Marriage while on U.S. visa
Crazy Cat replied to aideai's topic in Adjustment of Status from Work, Student, & Tourist Visas
Your estimate is way off. I suggest you look at the average VJ times. As reported by other VJ members, the time from submission to visa interview for a K-1 is 284 days (about 9 to 10 months). However, there are variables which could make it longer or a little shorter. Of course not everyone needs an attorney. This is a Do-It-Yourself site where we help each other. -
Marriage while on U.S. visa
Crazy Cat replied to aideai's topic in Adjustment of Status from Work, Student, & Tourist Visas
Account settings>notifications K-3s are very, very, very rarely issued. They almost always are closed administratively and processed as CR-1/IR-1 spousal visas. Good luck on your journey. -
Let's dive a little deeper here and clarify a couple things: #1: The case in the story is not a K-1 case....Reference, the mention of an I-130 (approved after detention). As we all know, an approved I-130 conveys no immigration rights. #2: "Authorized stay" (after submission of a proper I-485) is not a legal status. It is a POLICY of either the head of DHS or the Attorney General which prevents further accrual of unlawful presence. It is not law. Policies can be changed by the stroke of a pen. Seems to me, some people (if the reports are accurate) who overstay are being detained until their status can be determined...i.e. Is the detainee applying as an immediate relative of a US citizen?. Was a proper I-485 submitted?
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Marriage while on U.S. visa
Crazy Cat replied to aideai's topic in Adjustment of Status from Work, Student, & Tourist Visas
There are guides here on VJ. I suggest you study the appropriate guide and become an "A" student of the process. The more info you provide here, the better help we can give. The US immigration requires a great deal of knowledge, planning, time, patience, and a significant amount of money. Good luck on your journey......and to answer your question, yes. For a Green Card through marriage, the US spouse is always the primary sponsor. -
Blowing Boats out of the water
Crazy Cat replied to Nature Boy 2.0's topic in Current Events and Hot Social Topics
If it looks like a duck, and it quacks like a duke, it is probably a duck. They do have intelligence on the origin and purpose of these drug operations......and this is war. To my knowledge, no American citizens have been killed in these drug boats.........however, Obama killed at least one American citizen with no due process. -
Lost green card need to travel Urgent
Crazy Cat replied to Vamp.nz's topic in Working & Traveling During US Immigration
***Moved to Working and Traveling During US Immigration**** -
Lost green card need to travel Urgent
Crazy Cat replied to Vamp.nz's topic in Working & Traveling During US Immigration
You could try to get an emergency appointment at a USCIS field office for an ADIT stamp. But I'm not sure you can do it by Wednesday. Remember: If you find your Green Cards, you must also have the original 4 year extension letters if your 2 year Green card has expired. -
N400 Interview Over 5 months Ago
Crazy Cat replied to paco5's topic in Removing Conditions on Residency General Discussion
***Similar topics merged***
