Enter on K-1. Marry within 90 days. Wait 2 years for AoS

[ameriken]

I think I remember reading somewhere on a govt form or website, that after 180 days, you go from out of status, to illegal, and I think a USCIS rep confirmed that to me. So, while you dont have to file for AOS during the K1 90 days, waiting past 180 days after the 90 days expires may have adverse consequences when filing for AOS. I could be wrong about that too.

 

However, if you do wait two years it is possible they will still only give your SO a 2 year conditional card, and continue with the same process, so waiting may actually prolong her getting the 10 year residency.

Edited February 23, 2007 by ameriken (see edit history)

[Guest Duke]

I think I remember reading somewhere on a govt form or website, that after 180 days, you go from out of status, to illegal, and I think a USCIS rep confirmed that to me. So, while you dont have to file for AOS during the K1 90 days, waiting past 180 days after the 90 days expires may have adverse consequences when filing for AOS. I could be wrong about that too.

 

However, if you do wait two years it is possible they will still only give your SO a 2 year conditional card, and continue with the same process, so waiting may actually prolong her getting the 10 year residency.

 

The "condition" upon which the 2 year green card is "conditioned" no longer exists if you've been married for two years at the time the card is approved for issue. I wouldn't (of course, I can't be) want to be the Guinea pig on this one.

[tywy_99]

The "180 days" is written in INA Act 245(k)(2)A and thereby, it is law.

To circumvent the law is a foolhardy measure and it would only take a shrewd and callous IO to invoke the law and cause heartache and misery for the "out-of-status" immigrant and the IO will be well within the law to deny AOS. The immgrant wouldn't even have a chance for appeal.

Is it really worth all that to be faced with such dire consequences as a denial? Where would that lead? To deportation?

It's a big chance to take. I don't advocate it. It's breaking the law!

[Guest Duke]

There are two, two year periods that seem to be getting cofused.

 

Two years from date of marriage to issuance of a green card = ten year card. Less than two years of marriage gets a two year card.

 

A two year card is valid for two years from date of issue - marriage lenght is irrelevent. Ninety days prior to its expiration, an I-751 needs to be filed to remove conditions and have it replaced with a ten year card.

 

Right, so if you've already been married two years when the green card is approved (AOS completed) you would not be issued a conditional card because the conditions don't exist. To issue a conditional card to somebody married two years would be an error.

 

K3 visa holders have the leeway to do this because unlike the 90 day validity of the K1 visa, the K3 is valid for two years. The discussion centers around the ramifications of a K1 visa holder attempting to delay AOS filing and/or completion to get the ten year card. Delaying filing AOS sounds really risky to me. Delaying the completion of AOS doesn't seem to carry the same risks for the K1 visa holder but it could become cumbersome and carry its own risks.

[ameriken]

So, the question is:

 

Who has the guts to get married under a K1, then

 

1) Let the 90 days expire without filing for AOS

2) Let 180 days pass and let your SO go from 'out of status' to 'illegal'

2) Apply for AOS 2 years after you marry?

 

Let me ask you: Deal, or no deal?

Edited February 23, 2007 by ameriken (see edit history)

[Guest Duke]

So, the question is:

 

Who has the guts to get married under a K1, then

 

1) Let the 90 days expire without filing for AOS

2) Let 180 days pass and let your SO go from 'out of status' to 'illegal'

2) Apply for AOS 2 years after you marry?

 

Let me ask you: Deal, or no deal?

 

The legal way would be delay method, something like this.

 

1. Get the Social Security Card

2. File within 90 days (or 270 if you're brave)

3. File for Advanced Parole (whenever)

4. When filing AOS leave out some required documentation so you get an RFE

5. Continue similar delaying tactics so the AOS interview happens two years after the marriage.

 

I think it was Trigg who aluded to this early in the thread.

Edited February 23, 2007 by Duke (see edit history)

[SirLancelot]

So, the question is:

 

Who has the guts to get married under a K1, then

 

1) Let the 90 days expire without filing for AOS

2) Let 180 days pass and let your SO go from 'out of status' to 'illegal'

2) Apply for AOS 2 years after you marry?

 

Let me ask you: Deal, or no deal?

 

Hahah.. No deal for me.

 

I've maintained from the very beginning that one must marry and file AoS within 90 days of entry into the US. So that's what I'm going to do. But I was curious what others thought about this plan if they believed that there's no time limit to AoS when a foreigner marries a USC.

 

Trigg's comments regarding the delay tactic probably would work the best if one wants to go that route. But if one wants US citizenship quickly, then marrying immediately and filing AoS immediately would ensure the quickest route to speedy US citizenship.

[ameriken]

So, the question is:

 

Who has the guts to get married under a K1, then

 

1) Let the 90 days expire without filing for AOS

2) Let 180 days pass and let your SO go from 'out of status' to 'illegal'

2) Apply for AOS 2 years after you marry?

 

Let me ask you: Deal, or no deal?

 

Hahah.. No deal for me.

 

I've maintained from the very beginning that one must marry and file AoS within 90 days of entry into the US. So that's what I'm going to do. But I was curious what others thought about this plan if they believed that there's no time limit to AoS when a foreigner marries a USC.

 

Trigg's comments regarding the delay tactic probably would work the best if one wants to go that route. But if one wants US citizenship quickly, then marrying immediately and filing AoS immediately would ensure the quickest route to speedy US citizenship.

I agree, marry in the 90 days and file asap.

 

However, for newbies, dont feel pressured to file the AOS within the 90 days of the K1. Again, there is a 180 day 'grace period' that she can remain 'out of status' before becoming illegal, so there is lots of time to file the AOS. Sometimes its just not possible to file within the 90 days. You have to send a certified copy of your marriage license, and if you marry on the 90th day, you may not have that for a couple to a few weeks, depending on the state.

 

We married April 26, the K1 expired May 13, and we mailed the AOS a month later on June 15 with no hitch.

Edited February 23, 2007 by ameriken (see edit history)

[SirLancelot]

We married April 26, the K1 expired May 13, and we mailed the AOS a month later on June 15 with no hitch.

 

It's nice to read about cases where filing for AoS after the 90 days have passed is acceptable. Glad to hear it! It certainly does make one feel less rushed.

[david_dawei]

3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

[Randy W]

3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

[david_dawei]

3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

pushy said to file AP anytime..

 

that came after:

2. File within 90 days (or 270 if you're brave)

 

I'm a little worried about the filing in the "or" case.. which would be filing when out of status

[Guest Duke]

3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

pushy said to file AP anytime..

 

that came after:

2. File within 90 days (or 270 if you're brave)

 

I'm a little worried about the filing in the "or" case.. which would be filing when out of status

 

My "whenever" wasn't clear. Sorry. I was simply expressing my ignorance of the appropriate time to file for AP. Didn't know where it should go in the order. "Something like this" should indicate I was giving a rough example.

 

Since you didn't offer a counter example, I guess you just wanted to find fault??

Edited February 24, 2007 by Duke (see edit history)

[david_dawei]

3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

pushy said to file AP anytime..

 

that came after:

2. File within 90 days (or 270 if you're brave)

 

I'm a little worried about the filing in the "or" case.. which would be filing when out of status

 

My "whenever" wasn't clear. Sorry. I was simply expressing my ignorance of the appropriate time to file for AP. Didn't know where it should go in the order. "Something like this" should indicate I was giving a rough example.

 

Since you didn't offer a counter example, I guess you just wanted to find fault??

I think 'fault' jumps off the page when someone says 'file whenver'.. just after a step where the K1 is described as out of status..

 

but apparently , you wrote it but it didn't jump off the page at you.

 

No harm.. no foul.. I'm sure nobody ran out and file AP while out of K1 status...

 

Just think twice before posting such advice.

Edited February 24, 2007 by DavidZixuan (see edit history)

[Guest Duke]

3. File for Advanced Parole (whenever)

That's gutsy advice... file for AP when out of K1 status?

 

You simply include a copy of the I797C for your AOS.

pushy said to file AP anytime..

 

that came after:

2. File within 90 days (or 270 if you're brave)

 

I'm a little worried about the filing in the "or" case.. which would be filing when out of status

 

My "whenever" wasn't clear. Sorry. I was simply expressing my ignorance of the appropriate time to file for AP. Didn't know where it should go in the order. "Something like this" should indicate I was giving a rough example.

 

Since you didn't offer a counter example, I guess you just wanted to find fault??

I think 'fault' jumps off the page when someone says 'file whenver'.. just after a step where the K1 is described as out of status..

 

but apparently , you wrote it but it didn't jump off the page at you.

 

No harm.. no foul.. I'm sure nobody ran out and file AP while out of K1 status...

 

Just think twice before posting such advice.

 

I wasn't posting advice. I'm participating in a discussion where I offered an example for the purpose of furthering the discussion. It would have been nice if you'd participated in a more friendly manner.