Should I Wait To File Adjustment of Status? (K1 Fiance Visa)

21 Sep 2018

My wife is here on a K1 Fiance Visa. We just got married (within the three months). But we haven’t applied for the adjustment of status, yet now her visa is expired. Could this be a problem?

If you do not adjust status, your former fiance/current spouse is going to be in unlawful status. That doesn’t necessarily mean that she is going to be in any trouble, 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, she could be deported if she’s in unlawful status. When she adjusts her status and gets the 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.

A situation we’ve seen happen a surprising number of times is that many people wait beyond the 90 days and have an unforeseen circumstance pop up that requires them to travel back to their home country. For example, a family member gets sick, or they miss their children for example. The problem is, if you didn’t adjust your status, you leave the country without a green card and need to re-apply for a visa all over again to get back into the US. So if you leave, be prepared to stay gone for possibly up to a year.

Furthermore, if you don’t adjust your status for a long time and leave the country while in unlawful status, you run the risk of receiving a temporary or permanent ban from re-entering the US. For all these reasons, we highly recommend adjusting your status as soon as you get married. We understand the process is expensive, but neglecting this may certainly cost you more in the long run. Also, with immigration processes tightening up with new policies and rules being handed down from the Trump Administration, the sooner you get through the entire immigration process, the sooner you can avoid potential unforeseen changes that could negatively affect you.

The good news is that RapidVisa can get you started on a payment plan for adjustment of status.

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