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- My wife is here on a K1 Fiance Visa.
We just got married within the three months.
But we haven't applied for the AOS.
It's adjustment of status yet now and her visa is expired.
Is this going to be a problem?
You know, we get this question quite often
and the short answer is it's not really a problem,
per se, but your fiance
or now spouse is going to be in Unlawful Status.
That doesn't mean that she is going to be
in any trouble or anything, she can stay here
in the United States but you do want to apply
for an adjustment of status as soon as possible.
In the event that she were to get into any
trouble or anything, she could be deported
I'm not trying to scare you but that's just the real world.
With the adjustment of status and getting
that Green Card she would be able to work,
travel, get a social security card, get in the system
so to speak and be in a Lawful Status,
that's actually what the applying
for adjustment of status is,
it's Lawful Permanent Resident
- Yeah you know another situation we've seen happen
a surprising number of times is that
many people wait,
let me say that many people wait beyond the 90 days,
you're not alone you just got over
the expense of the interview
and all of that and the plane ticket getting here
and now you're looking at a
$1,225 filing fee to the USCIS and to the AOS.
So for many reasons many people wait.
And so what we've seen a surprising number of times,
seems like every couple of months we see it is,
the immigrant comes here, and then all of a sudden
one of the following scenarios happens,
Mom gets sick so she rushes back to Columbia
or where ever she is from, and now you're starting all over.
That K1 Visa is a one entry Visa,
Once you've used it you're done,
You're starting over the whole six, eight,
nine month process and associated fees all over
as if it never happened.
You get no credit for the K1.
We've seen that happen several times,
they'll call us up, yeah my wife's back in,
you know, wherever and what do we got to do?
And I say well you got to start over from the beginning
and so that's a disadvantage.
The other thing we've seen happen
as life happens and and most of you who live
in the real world can understand this that
you bring two people from two different cultures
together for the first time,
no matter how long you've had this
long distance relationship there's some adjustment.
So we've seen cases where somebody
gets mad and they jump on the
next plane and they go back,
and then through the phone calls and all
that they make up and say okay,
sorry you know it's a tough adjustment
and I missed home or whatever I wanna come back.
Well now you can't come back.
You're starting it all over from the beginning
cause that K1, it doesn't matter if you got
married it makes no difference,
you're still not coming back on that K1.
You're starting over and the better part of the year
and all that money all over again from the beginning.
So and we've seen that again happens
half a dozen times a year, at least.
So, oh and the third scenario that's fairly common
and that is, the gal comes, if its usually
every case that I know of when this happens been a few now,
She comes here, leaves a child because
she wants to come see what it's like,
make sure everything is okay,
before she brings the child to the United States
but then she decides she can't stand being separated
from the child or maybe the child gets sick
and then she goes back.
So for these reasons that are very real
and that have happened unfortunately
to very many people, that we've seen just in our business.
I suggest you do it right away,
I know its tough to come up with all that money
after you've just got past all those expenses,
but you just don't know what's gonna happen
and I would recommend you not wait
any longer than you absolutely have to to file the AOS.
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