Visa expires before AOS will be filed

[sweet_peach 0]

I need to see if anyone has ever been in this situation.

My now husband came over under the K1 visa. We were married within the 90 days but have yet to file AOS.

Seems like every time we go to file something comes up and we have to use the filing fee for something else and keep putting it off.

Well his the visa in his passport expires on March 11th. Has anyone ever filed very close to or even after the visa expired in the passport? If so what happened??

[pushbrk 13,515]

I need to see if anyone has ever been in this situation.

My now husband came over under the K1 visa. We were married within the 90 days but have yet to file AOS.

Seems like every time we go to file something comes up and we have to use the filing fee for something else and keep putting it off.

Well his the visa in his passport expires on March 11th. Has anyone ever filed very close to or even after the visa expired in the passport? If so what happened??

Once the K1 visa is used for entry, its expiration date is meaningless. It's good for one entry, period. It's the expiration of the I-94 (90 days) that has significance. Technically, there is no deadline for filing AOS. If you married within the 90 days, you complied with the terms of the visa. There are some dangers in delaying the AOS filing but no actual deadline for doing so.

[Old Dominion 26]

His K-1 expired the date you were married. The quicker he applies for AOS, the better off he will be in case he is ever stopped by a policeman for anything. Best to make that a priority for any money you have. The USCIS won't take any action if he postpones, but his legal status in the U.S. will be non-existent until he does.

[pushbrk 13,515]

His K-1 expired the date you were married. The quicker he applies for AOS, the better off he will be in case he is ever stopped by a policeman for anything. Best to make that a priority for any money you have. The USCIS won't take any action if he postpones, but his legal status in the U.S. will be non-existent until he does.

No, the K1 visa "died" upon US entry. It's expiration date is simply an indicator of the time period within which you may use it one time. Once used, it's dead and gone. Nothing immigration related "expired" upon marriage. The I-94 expired 90 days after entry. Otherwise, yes, the quicker AOS is filed, the better.

Edited February 16, 2009 by pushbrk

[Barry and Jackie 0]

His K-1 expired the date you were married. The quicker he applies for AOS, the better off he will be in case he is ever stopped by a policeman for anything. Best to make that a priority for any money you have. The USCIS won't take any action if he postpones, but his legal status in the U.S. will be non-existent until he does.

No, the K1 visa "died" upon US entry. It's expiration date is simply an indicator of the time period within which you may use it one time. Once used, it's dead and gone. Nothing immigration related "expired" upon marriage. The I-94 expired 90 days after entry. Otherwise, yes, the quicker AOS is filed, the better.

Well in a way yes, but the I-94 is issued in conjunction with holders of valid US visas. If the person did not hold a visa they would not be issued with form I-94 (The white one). In the same way people from countries who enter via the VWP scheme were provided with the I-94W (The green one) because they were entitled to as a holder of a passport from a country included in the VWP scheme.

The K1 visa entitles the holder to be given the I-94 form which gives them 90-days in which to marry. So they are interlinked really if you have not got the visa you wont get the I-94 card. This is usually written on the back of the I-94 form by the immigration officer who attends to you on POE.

Really the K1 visa dies upon the adjustment of status because the form involved in this asks for your current USCIS status which if you arrived on the K1 visa will still be K1 visa holder.

Edited February 16, 2009 by Barry and Jackie

[Barry and Jackie 0]

Sorry, missed something out:

His K-1 expired the date you were married. The quicker he applies for AOS, the better off he will be in case he is ever stopped by a policeman for anything. Best to make that a priority for any money you have. The USCIS won't take any action if he postpones, but his legal status in the U.S. will be non-existent until he does.

No, the K1 visa "died" upon US entry. It's expiration date is simply an indicator of the time period within which you may use it one time. Once used, it's dead and gone. Nothing immigration related "expired" upon marriage. The I-94 expired 90 days after entry. Otherwise, yes, the quicker AOS is filed, the better.

Well in a way yes, but the I-94 is issued in conjunction with holders of valid US visas. If the person did not hold a visa they would not be issued with form I-94 (The white one). In the same way people from countries who enter via the VWP scheme were provided with the I-94W (The green one) because they were entitled to as a holder of a passport from a country included in the VWP scheme.

The K1 visa entitles the holder to be given the I-94 form which gives them 90-days in which to marry. So they are interlinked really if you have not got the visa you wont get the I-94 card. The reason for entering is usually written on the back of the I-94 form by the immigration officer who attends to you on POE.

Really the K1 visa dies upon the adjustment of status because the form involved in this asks for your current USCIS status which if you arrived on the K1 visa will still be K1 visa holder.

[Brad and Vika 129]

The real danger is waiting long enough that there is some adjudication involved (if you are technically out of status). In any case, it delays your husband's ability to leave the country and get back in again.