K1 Visa Holder Stay In The USA

[TaheenSomosiline]

AFTER marrying is there a limit? Can she stay for a year at least? We really don't wanna pay the nearly $2000 in fees for the AOS at this time because we've gotten into financial issues in the 2 years we waited for this visa to omeglz be echat approved. So if we could hold off on that AOS for a bit and not have her be sent back that would be great.

[newacct]

She accrues unlawful presence and is deportable after her K1 status expires (which is 90 days after entry) and before she files AOS. The chances of her actually getting caught and deported in the short term is low, if she doesn't travel within 100 miles of a border. However, it is not fun living in fear of deportation, and not being able to work or leave the country if there is a family emergency. (If she accrues 180 days of unlawful presence and then has to leave the US unexpectedly for an emergency, she would trigger a ban unless she was granted Advance Parole. She can apply for Advance Parole only at the same time as or after she files AOS, and it takes several months to get. Even if she leaves for an emergency before accruing 180 days of unlawful presence, although it wouldn't trigger a ban, if she leaves without Advance Parole, it would still mean she can't do AOS anymore and have to switch to Consular Processing abroad, which can take a year or two.)

As far as AOS is concerned, she remains eligible to file AOS even after being out of status for years, since she is in the Immediate Relative category. No waivers or other special process is needed. But like I said, you guys would be taking a risk the longer you guys wait.