July 14, 2008: K-1 Marries Within 90 Days But Does Not File
K-1 Marries Within 90 Days But Does Not File
My wife came to the U.S. on a K-1 visa and we married within the 90 day period. However, we still have not filed the adjustment of status paperwork. Is there a time limit on this? We have now been married over a year. I cannot find anything that says you need to file within a certain period.
Generally, a K-1 nonimmigrant visa is issued to a foreign national fiancé of a United States citizen so the foreign national can enter the United States to get married to that United States citizen within 90 days of admission.
It is important to note that a K-1 beneficiary who does not marry the original K-1 petitioner is not eligible to adjust status based on any other petition filed on their behalf by a different petitioner. Because your wife entered with the K-1 visa, her authorized period of stay on her I-94 card was probably 90 days. Thus, it appears she has overstayed her authorized period of stay.
Consequently, even though you got married within the required 90 day period, your wife is presently out of status and deportable from the United States for having overstayed her authorized period of stay and not filing for adjustment of status. However, your wife is still eligible to apply for adjustment of status to lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status. She should do this immediately for the reasons stated above.
Before you file any paperwork with the United States Citizenship and Immigration Service (USCIS), you should consult with an experienced immigration attorney to ensure that all of paperwork is filled out properly, the necessary supporting documentation is attached, and it is sent to the correct address.
Michael Shane and Evan Shane, Immigration Attorneys