Filing AOS after the K1 Visa Expired...

[F23 0]

Can i still file AOS even my K1 Visa has already expired? what are the circumstances????

Edited December 5, 2008 by Loshiel_Kenny

[YuAndDan 153]

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

As long as you marry within the 90 days of the I-94 you are FINE. It is recommended to file AOS within I-94 period, but if you don't it is not a problem.

One note, the expiration date on the Visa has nothing to do with when you need to marry or file AOS, the visa expiration is the date that you MUST use it by to enter the USA. It is the date on the I-94 card that you need to marry within, and when status ends.

Edited December 5, 2008 by YuAndDan

[Dakine 26]

Can i still file AOS even my K1 Visa has already expired? what are the circumstances????

No problema! Most everyone does so. K1s have all the time they want to file for the AOS. Yeah strange, but that's the way it is.

Some peeps even wait 2 years so they can get the 10 year GC.

Edited December 5, 2008 by Haole

[YuAndDan 153]

Can i still file AOS even my K1 Visa has already expired? what are the circumstances????

No problema! Most everyone does so. K1s have all the time they want to file for the AOS. Yeah strange, but that's the way it is.

Some peeps even wait 2 years so they can get the 10 year GC.

Not a recommended practice, the recommended practice is to file AOS ASAP.

A K-1 that has expired I-94, and is not AOS pending is OUT-OF-STATUS, and risks being deported. The period of out of status is forgiven when AOS is filed.

Some simply delay a few weeks or a month or so for many reasons such as better financials for the I-864, or the marriage cert is taking longer than expected to get from the county, town, court etc...

[F23 0]

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

As long as you marry within the 90 days of the I-94 you are FINE. It is recommended to file AOS within I-94 period, but if you don't it is not a problem.

One note, the expiration date on the Visa has nothing to do with when you need to marry or file AOS, the visa expiration is the date that you MUST use it by to enter the USA. It is the date on the I-94 card that you need to marry within, and when status ends.

Thank you so much for the very quick enlightenment! yeah,we're married already last Sept. 28 this year and my visa is expired this Dec. 10, 2008. Don't have enough money to pay AOS papers and EAD still making on it now.

[YuAndDan 153]

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

As long as you marry within the 90 days of the I-94 you are FINE. It is recommended to file AOS within I-94 period, but if you don't it is not a problem.

One note, the expiration date on the Visa has nothing to do with when you need to marry or file AOS, the visa expiration is the date that you MUST use it by to enter the USA. It is the date on the I-94 card that you need to marry within, and when status ends.

Thank you so much for the very quick enlightenment! yeah,we're married already last Sept. 28 this year and my visa is expired this Dec. 10, 2008. Don't have enough money to pay AOS papers and EAD still making on it now.

Keep in mind you only pay the $1010 for AOS, the EAD costs NOTHING when filed with AOS based on pending I-485.