Accumulating Unlawful Presence

[tringuyen 11]

Hi,

My soon to be exwife came here on the fiancé visa. We married after the 90 days and we filed to adjust her status about 2-3 months after her I-94 expired.

Does she accumulate unlawful presence while her aos (485) is pending? What happens if it is denied?

if she does not accumulate unlawful presence while her aos is pending, does it start over from day 1 of her aos denial?

thanks.

[Hypnos 6,576]

A K-1 accumulates unlawful presence from the time their I-94 expires until the day their I-485 is accepted for processing by USCIS.

No overstay is accrued whilst the I-485 is pending.

[carton025 38]

If the AOS is denied you will het information and instuctions from the USCIS as to what you can do next. She won't get deported or become an illegal alien right away...

[baron555 934]

Here we go again, wrong information.

A K-1 accumulates unlawful presence from the time their I-94 expires until the day their I-485 is accepted for processing by USCIS.

A K-1 who has filed for AOS and whose I-94 has expired is not unlawful. they just have no status. Proof of their ability to remain in the US is the 485 peitition copy and thei MOA2 and/or coy of their I-94.

No overstay is accrued whilst the I-485 is pending.

One correct bit of evidence.

[Pitaya 2,577]

~Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[Harpa Timsah 13,258]

Here we go again, wrong information.

You said exactly what Hypnos said. Might be worth rereading it.

OP: Why would her AOS be denied?

Edited May 16, 2014 by Harpa Timsah

[Zedayn 485]

OP: Why would her AOS be denied?

Hi,

My soon to be exwife came here on the fiancé visa. We married after the 90 days and we filed to adjust her status about 2-3 months after her I-94 expired.

Does she accumulate unlawful presence while her aos (485) is pending? What happens if it is denied?

if she does not accumulate unlawful presence while her aos is pending, does it start over from day 1 of her aos denial?

thanks.

You cannot adjust status based on your entry on a K-1 visa. You did not marry within the 90 days.

[Harpa Timsah 13,258]

You cannot adjust status based on your entry on a K-1 visa. You did not marry within the 90 days.

Oh! Thanks for pointing that out.

OP: You need to file a I-130 with your I-485 now. If you did the I-485 alone, that was a waste of time and will be denied. But she can adjust by filing a concurrent I-130/I-485 package.

Edit: Now I see he said "soon to be exwife." I guess it's too early for my reading comprehension.

Edited May 16, 2014 by Harpa Timsah

[Al422 221]

I know the I-130 will cure failure to file AOS in the 90 days. But if you fail to marry in 90 days and marry late, will the I-130 cure that too, or is it all over?

[Harpa Timsah 13,258]

I know the I-130 will cure failure to file AOS in the 90 days. But if you fail to marry in 90 days and marry late, will the I-130 cure that too, or is it all over?

What is the difference between one and two? I call marrying after the 90 days "late."

[NigeriaorBust 4,087]

IF it is a soon to be ex there is no need to file anything. You do not have a viable marriage so there is nothing for her to adjust from. The marriage has to be valid at the time of adjustment. part of valid ,eam that it is ongoing not dead

[Caryh 5,206]

I know the I-130 will cure failure to file AOS in the 90 days. But if you fail to marry in 90 days and marry late, will the I-130 cure that too, or is it all over?

Filing the I-130 would cure the failure to marry in the first 90 days, with the I-485 filing, but filing them when you intend to terminate the marriage would be considered fraud as you know the marriage is not valid.

[tringuyen 11]

She was in lawful my present for about 2 months before the 485 was filed. Does it continue to accumulate after the aos wa denied? Or after denial does she start at a new period of unlawfully present? Do the unlawfully present periods have to be contiguous?

[belinda63 3,038]

If the marriage is not working and she is worried about overstay she needs to leave now. Your I-485 will be denied because you did not marry within 90 days of arrival. Overstay time is only forgiven if the I-485 is approved is the way I understand it.

[tringuyen 11]

485 is denied. So does start at day 1 again of being unlawfully present?