Pembroke Pines, FL Immigration Law Firms & Lawyers

Hello Anonymous, It is good practice for a  person who enters on a K-1 fiance visa to marry and file for their legal permanent residency status within 90 days of entry into the U.S. on the K-1 visa. This avoids problems with the U.S. Citizenship and Immigration Service (USCIS). It is important to marry within the 90 day window in keeping with the K-1 visa requirements. If a person marries during the 90 day period but is unable to file for adjustment within this period, their spouse should still be able obtain their legal permanent residency status, depending on the circumstances of the particular case. However, if a person does not adjust their status to a legal permanent resident and later divorces the U.S. spouse that filed the K-1 visa, there is a strong risk of deportation if the CIS becomes aware of their undocumented status. If there are practical reasons why you are unable to file for your spouse's legal permanent residence in a timely manner, you should consult with an immigration lawyer and discuss your case specifics to find out the pros and cons of a delay in your particular situation.   Notes: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. 

Whether your spouse can continue to work under a receipt for filing a new application for employment authorization depends upon whether the application was submitted prior to the expiration of his former EAD and whether the application was in the same category for which he was previously approved. Under his political asylum application, the legend on the employment authorization card was (C) (8). If the new application was timely filed under the same (C) (8) category, he would be authorized for employment while awaiting a decision by U.S.C.I.S. On the other hand, if he applied for a new EAD under the legend for adjustment of status, (C) (9), he would not be authorized for work during the pendency of the application even if timely filed. He would have to wait until U.S.C.I.S. made a decision on the application. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.