A technical question.

[HiTech 0]

After your k1 expires in 90 days, and before your green card arrives, what is your legal status? I know in practical terms, but what law allows you to stay in country until the green card is issued?

[YuAndDan 153]

Status is "AOS pending" So can remain legally in the USA until a decision is made on the I-485.

K-1 visa's expiration date is the date that has to be used by to enter the USA, at that time the Visa is VOIDED, and the I-94 card takes over.

Edited January 8, 2009 by YuAndDan

[Gary and Alla 3,694]

Status is "AOS pending" So can remain legally in the USA until a decision is made on the I-485.

K-1 visa's expiration date is the date that has to be used by to enter the USA, at that time the Visa is VOIDED, and the I-94 card takes over.

Dittos to Yu and Dan.

File your AOS before the expiration of the I-94 and you are OK to stay until you receive the green card. If you wish to be extra safe, not that too may people check, but you can keep a copy of the NOA1 you receive from your AOS filing with your passport and I-94 as proof you are legally in the USA.

Also, you will have to file a certified (stamped) copy of your marriage lisence with the AOS so be sure you allow enough time to do this, when you get married tell the officiator you need a certified copy or you may be waiting for a few weeks while it is "recorded" by the state or county.

You can prepare your AOS now and just add the marriage lisence and copy of the I-94 and file as soon as you are married. We filed in November for AOS and have our interview this week, about two months. If all goes well my wife will have her green card by the end of this month.

[Dakine 26]

Status is "AOS pending" So can remain legally in the USA until a decision is made on the I-485.

K-1 visa's expiration date is the date that has to be used by to enter the USA, at that time the Visa is VOIDED, and the I-94 card takes over.

Dittos to Yu and Dan.

File your AOS before the expiration of the I-94 and you are OK to stay until you receive the green card. If you wish to be extra safe, not that too may people check, but you can keep a copy of the NOA1 you receive from your AOS filing with your passport and I-94 as proof you are legally in the USA.

Also, you will have to file a certified (stamped) copy of your marriage lisence with the AOS so be sure you allow enough time to do this, when you get married tell the officiator you need a certified copy or you may be waiting for a few weeks while it is "recorded" by the state or county.

You can prepare your AOS now and just add the marriage lisence and copy of the I-94 and file as soon as you are married. We filed in November for AOS and have our interview this week, about two months. If all goes well my wife will have her green card by the end of this month.

"File your AOS before the expiration of the I-94 and you are OK to stay until you receive the green card."

You are OK to stay even if you don't file for AOS until after the I-94 expires.