Help please if you can!

[boang12 0]

My fiancee's K1 visa has expired and we have not yet filed for adjustment of status. Is there a chance she would be deported, or is this legal to apply for after her K1 expired since we did get married during the time of the K1. Thanks for help.

[Zee Bee 61]

As long as you got married within the 90 days of her entry you are good

[Gallowglass 0]

Well, you're married, so no.

The K1 technically expired the instant you got married.

Congrats, BTW

Edited June 18, 2008 by Gallowglass

[Minya's wife 24]

My fiancee's K1 visa has expired and we have not yet filed for adjustment of status. Is there a chance she would be deported, or is this legal to apply for after her K1 expired since we did get married during the time of the K1. Thanks for help.

The OP has complied with the terms of the K-1 visa, married within the 90 days....so its OK.

You should, however, file for AOS speedily, as your wife is now 'out of status'...in limbo as it were, which is not necessarily a good place to be. Being out of status is forgiven by USCIS when you apply and are approved to adjust status, but you should do this as soon as possible to have your wife get her green card and enjoy the full benefits of being an immigrant to this country.

Good luck,

-P

[Minya's wife 24]

Well, you're married, so no.

The K1 technically expired the instant you got married.

Congrats, BTW

Actually, the K1 expires on the date of expiration stamped on the visa....it becomes 'null and void' (for lack of a better term) when the beneficiary fulfills its terms and gets married to the petitioner(USC).

-P

Edited June 18, 2008 by Paula&Minya

[desert_fox 32]

Well, you're married, so no.

The K1 technically expired the instant you got married.

Congrats, BTW

It was invalid after you entered the US...it could not be used again for another entry.

To answer the question.....you can take 20 years if you like for file for AOS, i.e. there is no time limit. But until you do, you will have no life...no working, no drivers license, no leaving the US, etc.l

[Gallowglass 0]

I could have put it better, I suppose. What harm. The main thing is that the OP has nothing to worry about, but should apply for AOS ASAP.

[pushbrk 12,243]

Well, you're married, so no.

The K1 technically expired the instant you got married.

Congrats, BTW

It was invalid after you entered the US...it could not be used again for another entry.

To answer the question.....you can take 20 years if you like for file for AOS, i.e. there is no time limit. But until you do, you will have no life...no working, no drivers license, no leaving the US, etc.l

This is the correct answer. The K1 visa died once the visa holder walked away from the CBP officer's desk with a stamped I-94. Its expiration date became meaningless at that precise moment.

[payxibka 10,044]

My fiancee's K1 visa has expired and we have not yet filed for adjustment of status. Is there a chance she would be deported, or is this legal to apply for after her K1 expired since we did get married during the time of the K1. Thanks for help.

As others have mentioned the K-1 visa became meaningless the moment you walked through the arrival doors and entered the USA. What is/was meaningful is the I-94 arrival/departure card that is suppose to be stapled to your passport. This insignificant little white card means everything to you. It is your only means of proving your status that was granted to you by the CBP officer (K-1 status BTW, not to be confused with K-1 visa) and the expiration date of your approved stay. As long as you married before your K-1 status expired, all is good. The only problem is that you may find it very difficult to prove your legal presence in the USA (if asked) without some explaining.

Edited June 18, 2008 by fwaguy