adjustment of K-1 Visa.... help!

[cjstella]

I entered U.S thru K-1 Visa and got married before the 90 days period, do we have to file the I-485 or adjustment of status before that 90days period too?

Is the date stamped on I-94 as the visa validity still valid?Looking forward for replies... Thank u

[nichole]

I entered U.S thru K-1 Visa and got married before the 90 days period, do we have to file the I-485 or adjustment of status before that 90days period too?

Is the date stamped on I-94 as the visa validity still valid?Looking forward for replies... Thank u

A K1 visa allows you to enter the US one time. When you use it, it's no longer valid. You got a date stamped on your I-94 that says how long you are allowed to remain in the US. It should be 90 days. If you apply for adjustment of status, you can remain in the US while you await a decision. Your receipt of applying is your proof to remain. Hopefully that application will be a YES, but if an adjustment is denied, then the applicant is required to leave the US.

To answer your question, if you don't file before your I-94 date (90 days) then you are technically "out of status" in the US. They won't come kick you out on day 92 and they will still approve your green card, even if you apply a year late. But it's best to get it done as soon as possible so your status always remains legal with no gaps. You've worked hard to get this far, so don't drop it before you're a legal resident.

[Whsia]

nicole

you mentioned something about being denied a adjustment of status. Whats the word on that? How often do they deny someone AFTER they get the k1 approved and are in state? I'm assuming if they commit a crime before the adjustment goes through but are there other factors that will lead to a denial?

[nichole]

It's rare. They either approve or deny, so some things that can cause a denial:

Not providing enough information. If they ask for more info...like you didn't supply enough financial information...and you don't ever send them anything then they don't have enough evidence to approve, so the deny.

You move and don't provide a change of address. They send you a request for evidence. You don't receive it so don't reply. They can't approve so deny.

Not showing up at your interview.

Not showing a marriage co-mingling. Husband lives in one state and wife lives with relatives in another. No joint bank account. No bills, lease, insurance or something with both names on it. If they doubt that you live together as husband and wife, they might deny.

Getting a divorce before approval.

Leaving the US on a K1 without applying for the Advance Parole travel document (I-131) that allows a K1 back in the country until the GC is approved. It is considered abandoning your application. I know of a guy who went to Mexico to a wedding without having any AP document to get back into the US. He was a week away from his interview and approval of the green card and he tried everything to wrangle a way, but did not make the interview or get his GC.

Some denials can be appealed. I don't know the correct terminology but say you moved and didn't get the mail. You can ask for the case to be re-opened or something like that I think. Not sure. That's when you consult an immigration attorney, not a forum.