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Adjustment of Status - Late Filing

#1 MyJourney1

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Posted 18 January 2013 - 06:08 PM

Hello,

He came here on a K-1 VISA and we got married on time. We are now working on our paperwork for the Adjustment of Status. I have 2 questions:

1. What will happen if we end up filing our papers 2 weeks late?

2. Since it can take awhile for an approval, will they give him work authorization in the meantime?

Thank you.
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#2 Sirdaniel42

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    Member



Posted 18 January 2013 - 06:16 PM

As long as you got married within 90 days you will be fine, when you file your AOS file for the EAD at the same time at no extra cost.

http://www.visajourn...content/k1k3aos

He will need the EAD or Green Card to work!!!!

Edited by Sirdaniel42, 18 January 2013 - 06:17 PM.

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#3 MyJourney1

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Posted 18 January 2013 - 06:34 PM

As long as you got married within 90 days you will be fine, when you file your AOS file for the EAD at the same time at no extra cost.

http://www.visajourn...content/k1k3aos

He will need the EAD or Green Card to work!!!!



When I said 2 weeks late, I mean his VISA will be expired. By the time we submit our paperwork for the Adjustment of Status, his VISA will be expired by then.
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#4 LeftCoastLady

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Posted 18 January 2013 - 06:36 PM

When I said 2 weeks late, I mean his VISA will be expired. By the time we submit our paperwork for the Adjustment of Status, his VISA will be expired by then.


The K-1 visa was voided as soon as your now-husband was processed at the U.S. POE. The I-94, which was stamped on the visa, is what marks the 90-day period.
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Quick Reference Guide to State-Level Services
Want to learn the marriage license requirements across the U.S.? Find a County!

Part One: The K-1 Visa Journey:

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Part Two: Entry and Adjusting Status:

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#5 Darnell

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Posted 18 January 2013 - 06:48 PM

1. nothing
2. sure ! include ead with the I-485, fee is waived on the EAD. or
Sure! if he applies for it with the I-485!
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Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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#6 Mogambi

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Posted 19 January 2013 - 08:57 PM

He has no visa. That expired upon entry into the United States. The 90 days that applies to a K1 is only the amount of time he has to 'enter'. He would then be given the I-94, which replaces the K1. The I-94 has 90 days expiry too, but that is only the time you have to get married. If you got married in the 90 days, there are not really any more time limited. You can submit the AOS the next day, or wait six months. Generally people say it's better to apply sooner than later, get the GC faster.

But as long as you got married in the 90 days you are safe.

Once the I-94 expires, your state technically becomes that of 'unlawful presence'. But as soon as the AOS is approved, all that time is forgiven and there are no problems.

We got married in Oct, my wife's I-94 expired in November, and we just sent in our AOS paperwork today.
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