AOS ready to send k1 expires in one week!!

[watedder 1]

Unknown expenses have delayed sending our i-485 until now.  (I've been working 7 days a week to make up for it)

 

I still need a copy of our marriage cert but will do that and send it overnight on the 13th.  Her k1 expires on the 20th.

 

Is that enough time?

 

Is there anything else I need to do to assure she isn't detained?

 

[sabellic 33]

she won't be detained! even if you sent it after the 20th, you married within the 90 days so it's all good. lots of people file late.

[Ben&Zian 4,397]

1 minute ago, watedder said:

Unknown expenses have delayed sending our i-485 until now.  (I've been working 7 days a week to make up for it)

 

I still need a copy of our marriage cert but will do that and send it overnight on the 13th.  Her k1 expires on the 20th.

 

Is that enough time?

 

Is there anything else I need to do to assure she isn't detained?

 

 

 

Relax. We sent ours 6-7 days after his I-94 expired.

 

The K-1 was expired/voided upon her entry to the US, so the I-94 is all she goes by now.

 

Again we went over 6-7 days and sent all our stuff in and got our NOA1's for everything.

 

Just finish getting the paperwork together with payment and get it sent off. You'll be just fine.

 

And obviously maybe just stay with her more in case; but long as you or she isn't doing anything crazy then she shouldn't have to worry about being stopped/talked to by police at all.

[watedder 1]

Yes but I read somewhere that you need to file some other paper if she has overstayed.

 

I don't know how long until t USCIS will recognize her status.

[Ben&Zian 4,397]

1 minute ago, watedder said:

Yes but I read somewhere that you need to file some other paper if she has overstayed.

 

I don't know how long until t USCIS will recognize her status.

 

Again we were over our time frame and got our NOA1's for EAD, AP, and AOS.

 

As long as you married within the 90 days you're fine. Just send it all off.

 

If you married after the 90 days, then yes you would have to now file with I-130 and such.

Edited March 11, 2017 by Ben&Zian

[watedder 1]

Phewf!

 

Ok they will have the paperwork before her visa expires.  Cashiers check is sitting on the counter

[rasaco 28]

What is the expiration date for her I-94? You can find it here: https://i94.cbp.dhs.gov/I94/#/home

The K-1 expiration date doesn't matter--that's just the time she needs to come to America before.  The K-1 is void as soon as she entered the country and new countdowns begin, namely the 90 days within which you must get married, and the date on her I-94.  But as mentioned, many people even don't file until after I-94 expires and don't seem to have any trouble.

[Ben&Zian 4,397]

3 minutes ago, watedder said:

Phewf!

 

Ok they will have the paperwork before her visa expires.  Cashiers check is sitting on the counter

 

Yup you'll be fine. Get it sent off, within 1-2 weeks hopefully you'll get the NOA1's and then she will be in legal status again as her AOS will be pending.

[watedder 1]

The expiration date stamped on the visa when she entered is March 20.

[rasaco 28]

Sounds like you have nothing to worry about!  Good luck with the AOS journey!

[Scandi 3,970]

Like others have stated - the only requirement is that you got married within 90 days. Even if it's recommended to file for AOS asap after marriage, it's not a requirement. Many people file several months after the i-94 expired, some file years later. Any overstay will be forgiven as soon as you file for AOS.

[jdaveh 58]

If you married within the 90 days, all is good. I94 is for entry, only if not married will anything be wrong. The filing is simply for adjusting status, work authorization etc.

[Ash.1101 1,755]

We did my husbands AOS about a month after his I-94 expired.


As long as she doesn't plan on committing any crimes between the I-94 expiring and ya'll getting the reciept for the I-485 there shouldn't be any worries, just lay low until the AOS is sent if you go past the I-94 date.

[zilchfox 296]

Your K-1 expired the moment you crossed the border, regardless of expiration date on it (note that it's limited to only 1 entry, and since you've entered the visa is now effectively useless aside from just being proof you came in legally and a souvenir of your journey). The I-94 replaces the K-1 for the 90 days you stay to get married. The moment you're married, you've fulfilled the obligation of the K-1 visa and thus, the I-94. Filing AOS beyond the 90 days of the I-94 will have the overstay forgiven, so you're safe, regardless of when you file as long as you never leave the country, or commit any crimes (or anything else to get you in trouble with the law)! Of course, being in-status is always the best route, so filing as soon as possible is highly recommended.

Edited March 12, 2017 by zilchfox