Adjustment of Status for K-1 Visa

**davidlogan215** · 12th June 2009, 03:54 PM

I am a US citizen and my wife is from India. She came here on a K-1 Visa and we were married with-in the 90 days. That has been over two years now. Due to the raising of the fee for the I-485 we have been unable to afford the paperwork. Because she is unable to work until we have filed for the EAD money is tight. A few months back we applied to get a copy of the Fiancee approval notice because I lost the first one and we have yet to receive it. I called today and asked about it because they have sent it twice now and we have not received it. I was told because she is out of status she could be deported. I read on the USCIS a while back that a K-1 can not be deported even if she was caught working without the EAD. Because of that we have not been to worried about applying. But since they said she can be and I can not find it any more. I am a little worried about it know because we can not file the I-485 until USCIS sends us the document. Any thoughts on this.

**Triple Citizen** · 13th June 2009, 09:56 AM

The good news first, you both did get married within the 90 days after her K-1 entry. Now since she did not apply for AOS, you both do have a problem. However all is not lost. Apply for AOS immediately. Worst case, you may be asked to submit an I-130 instead of the I-129F approval.

Originally Posted by davidlogan215

Any thoughts on this.

**davidlogan215** · 14th June 2009, 11:11 AM

Can they deport her?

**elcupacabras** · 14th June 2009, 11:43 AM

Originally Posted by davidlogan215

Can they deport her?

As she is currently out of status, then yes, she 'is' deportable. With an expired I-94 and with no I-485 being filed, then she has no protection. File for AOS immediately to protect her status. It is unlikely that she will get caught, but there is always the possibility.

Here is a thread re-iterating this information:
http://www.visajourney.com/forums/in...9591&hl=deport

**Jasi982** · 23rd June 2009, 08:03 PM

hey there,
i have kind of the same problem. We got married in time, filed for adjustment of status and EAD and i have my Biometrics at the end of this month. We are still waiting for my husbands tax returns to send it to uscis to complete all the forms. My visa expires July 26th. Can i be deported ?

**elcupacabras** · 24th June 2009, 05:15 PM

Originally Posted by Jasi982

hey there,
i have kind of the same problem. We got married in time, filed for adjustment of status and EAD and i have my Biometrics at the end of this month. We are still waiting for my husbands tax returns to send it to uscis to complete all the forms. My visa expires July 26th. Can i be deported ?

Your visa expiration had nothing to do with it anymore. The K1 visa is a one time entry visa and become invalid upon entry to the US. What you need to be concerned about is the expiration of the I94 (the white form that was put in your passport at POE). This dictates the timeframe in which your status is 'protected' without filing for AOS- this is where the 90 day period comes in as the I-94 will expire 90 days after entry. Pay no attention to the date of expiration on your K1 once you have entered as it is meaningless.
Seeing as you have already filed for AOS, then you are 'protected', so you should be fine. Many K1 filers become out of status for a period of time during the wait time between the expiration of their I-94 and the approval of their AOS (myself included), though as long as AOS has been filed, then this status is protected. The problem the OP has, is that they have an expired I-94 and havent filed for AOS, therefore the K1 holder is deportable as long as their AOS remains to be unfiled.

**Triple Citizen** · 25th June 2009, 07:54 AM

If you have filed for AOS, what additional forms are pending?

Originally Posted by Jasi982

filed for adjustment of status and EAD and i have my Biometrics at the end of this month. We are still waiting for my husbands tax returns to send it to uscis to complete all the forms.

**Jasi982** · 25th June 2009, 06:54 PM

Originally Posted by elcupacabras

your visa expiration had nothing to do with it anymore. The k1 visa is a one time entry visa and become invalid upon entry to the us. What you need to be concerned about is the expiration of the i94 (the white form that was put in your passport at poe). This dictates the timeframe in which your status is 'protected' without filing for aos- this is where the 90 day period comes in as the i-94 will expire 90 days after entry. Pay no attention to the date of expiration on your k1 once you have entered as it is meaningless.
Seeing as you have already filed for aos, then you are 'protected', so you should be fine. Many k1 filers become out of status for a period of time during the wait time between the expiration of their i-94 and the approval of their aos (myself included), though as long as aos has been filed, then this status is protected. The problem the op has, is that they have an expired i-94 and havent filed for aos, therefore the k1 holder is deportable as long as their aos remains to be unfiled.

thank you very much for that information....

**Jasi982** · 25th June 2009, 06:57 PM

Originally Posted by triple citizen

if you have filed for aos, what additional forms are pending?

as we filed for the aos we forgot the i864 so we have to send that later....
After you did all that there is one more form to fill out before your 2 year anniversary but i forgot what it was called

**elcupacabras** · 25th June 2009, 07:14 PM

Originally Posted by Jasi982

as we filed for the aos we forgot the i864 so we have to send that later....
After you did all that there is one more form to fill out before your 2 year anniversary but i forgot what it was called

Ok- so you've forgot to send the affidavit of support. You will probably soon receive an RFE from USCIS requesting this in order to commence your AOS petition. As long as you have your NOA1 though for your AOS (which I assume you do seeing as you have your biometrics appointment) then your status is still protected.

As for the other form you mention....this will be the I 751 Petition to Remove the Conditions of Residence. The GC you will receive will be a conditional one...therefore 90 days before this 2 year greencard expires is when you fill this form. Do NOT file this form before your 2 year wedding anniversary.....it is 90 days before the 2 year anniversary of the date your Green Card is valid from when the I 751 needs to be filed.

**RHill051** · 11th September 2009, 11:48 PM

Hey so like several others I have not been able to afford the rising fees for filing the AOS for my wife to get her green card.. my biggest situation i am struggling with now is that we were married in March of 09 and now my wife has been "out of status" since pretty muc the end of march... so like 6 months.. i've finally gotten enough money to file for her AOS but now when i try to fill out the question what is your current immigration status i don know what to put.. does anyone have any answers? im am in serious help if anyone has the time to help me a lot please PLEASE let me know. thanks