K1 - miss the 90 day deadline

[STM]

What really happens if you go over the 90 day K1 deadline?
I cannot believe the actually waste copps time to track her down and deport her?

And if you decide to marry after lets say 6 months, what do they (INS) really do about it?

[Tim413]

Hi!!!!!!

I have another question with the K-1 visa. What should my friend do since he never filed for adjustment of status after he got married within the 90 days? Now his wife has been here for over one year.

Thanks Tim

[FIANCEE-VISAS]

If your fiancee goes out of status without marriage, there are a couple of things that can happen. She begins to accrue ULP on the first day. On some day in the future, they may just knock on the door and take her downtown. THey have been doing that alot with out of status students and toruist overstays but I havent heard about it among fiancees.

If she doesnt marry you, she has no way to adjust status in any other category. If she does marry you, you have to file for her AOS. THis would incluse a petition for alien relative since the old K1 is invalid. She can lose travel rights if she has ULP for more than 180 days which makes it hard to travel home until after the green card is granted.

As for your friend, tell him to get with the program. Get that paperwork filed. His wife has already lost her travel rights. A failure to file an AOS can also be used as evidence in a future VAWA case.

[Tim413]

Hi William!!!!!!!

Thanks for answering my question!!!!!!!! I agree that my friend needs to get with the program. He is a nice guy, but he needs a lot of help.

Tim

[FIANCEE-VISAS]

You are welcome. If your friend is completely lost, he can always seek legal counsel!! Hehehehehe