90 day period up for AOS

[frank1538]

I dont think the 90 days has anyting to do with it now that she is married.  The 90 is is only to marry.  You can adjust anytime after that for the green card.  I dont think she is out of status at all.

 

Really, I hate to be blunt but, either stop it, or stop thinking about it.  I know a lot of people told you that you should inform the BCIS about your situation.  If you don't want to, thats your perogative.  But then, why waste your time wondering "what if this, what if that."  Seems that she has made her decision.  Now you have to make yours.

 

If my honesty is too brutal, I apologize for my lack of finesse.

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I just wonder what her status is if she did not file for AOS. I hope you're not suggesting that a K-1 who gets married within 90 days of entry doesn't need to do anything else to remain here legally as a permanent resident.

[david_dawei]

I agree with your line of thinking Frank.. and as Don said, a K1 expires after 90 days.. MARRIED OR NOT...

 

I'm wondering if she has abandoned the petition by cancelling the check... but I tend to think this is not the case since i read somewhere that one can call USCIS to stop a petition without it really putting it to a complete end...

 

I still think the thing to do is figure out of the status of the petition...

 

---

 

VJ's FAQ:

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K1 visa expires.

 

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires.

 

On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

[nygatl15]

Too early for divorce?? The word annullment comes to mind.

 

The attorney is right. Most times divorce is out of the question if the marriage has not been given a fair chance, yet if you can prove the marriage was a mistake you can get it annulled.

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I don't think I can get an annulment, since the only condition that would apply to this situation is a pre-existing situation, which I could not prove. So it appears a divorce is my only option.

[Mylife]

I was under the impression that the AoS package was filed according to nygatl15's time line. He made some mention that she didn't include the "checks" etc. But that is her statement to you, which I would take with a hardy dose of skepticism.

 

As to the annulment situation, I don't know the laws in your state. But fraud is always a basis of anullment. If you allege fraud, on information and belief, then it is up to the other party to dispute it. Sounds like that you don't even have her address, so you are going to have to execute "service" by publication most likely. Doesn't really change anything. It has been stated before, consult a family law attorney to discuss your options.

[nygatl15]

I was under the impression that the AoS package was filed according to nygatl15's time line.  He made some mention that she didn't include the "checks" etc.  But that is her statement to you, which I would take with a hardy dose of skepticism.

 

As to the annulment situation, I don't know the laws in your state.  But fraud is always a basis of anullment.  If you allege fraud, on information and belief, then it is up to the other party to dispute it.  Sounds like that you don't even have her address, so you are going to have to execute "service" by publication most likely.  Doesn't really change anything.  It has been stated before, consult a family law attorney to discuss your options.

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she did send the checks , however she told me she didn't send the check for fingerprints. IT is since then, she told me on friday that she cancelled the checks. She informed me and my daughter she is working temp now. but her work permit, expires this week.

[nygatl15]

Finally, I called DHS and filed a report of marriage fraud. She maybe reading this, I don't know.. but at this point, I guess it doesnt matter anymore. Deep inside, foolishly, I wish it still could be worked out, but I know that will not happen. I just can't beleive something that took so long to happen(over 1 year), blew up so quickly. But I will have lick my wounds and move on. This has been a very difficult situation for me. I have faith it will all work out in the future.

 

They probably will not be able to locate her, as she didn't give any information of her whereabouts. I mainly, don't want her to take advantage of the system using my name.