Important Question about an approved petition!

[Saffie 0]

My husband and I got married on December 27th 2008 after him entering the US on November 21st on his K-1 visa. We are trying to get the funds together to apply for adjustment of status but we're still a little short on money. We were a little unclear on how much time we have to apply for his adjustment, not knowing if there is an expiration date on his K-1 (even though we are legally married now) PLEASE HELP! As we don't want to run into any problems and have him deported or anything like that! Thanks for the help in advance!

[Bobby+Umit 161]

The K-1 is expired all ready, it expired when you used it to enter the US.

Your I-94 is what you need to worry about. Technically, your suppose to AOS before that expires. (it's in the instructions for the I-485)

However, people manage to do it after it expires, best advice, do it ASAP, don't delay. You will be "out of status" till you get the NOA for the AOS.

[Saffie 0]

The K-1 is expired all ready, it expired when you used it to enter the US.

Your I-94 is what you need to worry about. Technically, your suppose to AOS before that expires. (it's in the instructions for the I-485)

However, people manage to do it after it expires, best advice, do it ASAP, don't delay. You will be "out of status" till you get the NOA for the AOS.

Eeeek, I just had my husband check his I-94 and it says it expired on February 19, 2009. We had called the embassy numerous times and she said technically there's no "expiration date" the only thing they require was that we got married in the 90 day time limit. I'm freaking out now.

[Saffie 0]

I did read on this website http://www.***removed***/greencard/adjustmentofstatus/ That if you are not on a status for less than 180 days then you can still apply for the AOS, but it's still unclear to my question. Do you think it'd be smart for me to try and contact an immigration officer?

Edited March 31, 2009 by Saffie

[Marty J 0]

You got married, but his I-94 expired over a month ago. Getting married doesn't give him permission to stay in the country; he needs to file for Adjustment of Status.

I agree with the above, you need to get this sorted ASAP.

[Marty J 0]

I did read on this website http://www.***removed***/greencard/adjustmentofstatus/ That if you are not on a status for less than 180 days then you can still apply for the AOS, but it's still unclear to my question. Do you think it'd be smart for me to try and contact an immigration officer?

I think you'll be fine as long as you get it sorted as soon as you can (sooner if possible!).

[Saffie 0]

You got married, but his I-94 expired over a month ago. Getting married doesn't give him permission to stay in the country; he needs to file for Adjustment of Status.

I agree with the above, you need to get this sorted ASAP.

I understand, but like I said when I called the embassy the woman told me there was no real "expiration." Nor did she say that the I-94 is what we had to worry about.

[Saffie 0]

I think you'll be fine as long as you get it sorted as soon as you can (sooner if possible!).

I hope so, I'm extremely worried right now! We're still about $300 short for the AOS that's why we had such a huge delay. I had alot of funds to cover from the wedding, we had to pay for it all ourselves!

[Carol and Bruno 0]

I did read on this website http://www.***removed***/greencard/adjustmentofstatus/ That if you are not on a status for less than 180 days then you can still apply for the AOS, but it's still unclear to my question. Do you think it'd be smart for me to try and contact an immigration officer?

You should always file AOS before the I-94 expires if you can afford it. If not, submit it as soon as possible as your husband will be out of status. The USCIS will forgive the "out of status" when the AOS is submitted.

We just submitted my husband's AOS a week ago. His I-94 expired in December.

You don't need an attorney. Just file as soon as you can.

Also, AOS can be applied for at any time after the I-94 has expired, others have done so years later. It's just not advisable to wait so long.

Edited March 31, 2009 by Carol and Bruno

[Saffie 0]

You should always file AOS before the I-94 expires if you can afford it. If not, submit it as soon as possible as your husband will be out of status. The USCIS will forgive the "out of status" when the AOS is submitted.

We just submitted my husband's AOS status a week ago. His I-94 expired in December.

You don't need an attorney. Just file as soon as you can.

Thanks Carol/Bruno that made me feel alot better. I'm going to see if someone from my family will lend me the rest of the money for the AOS.

[Krikit 1,163]

You'll be fine. I sent in my AOS a month after the I-94 expired and had no problem. Others have waited far longer than I did. No need to panic.

The only time you're going to have a problem, for the most part, is if he is without status for 180 days or longer. At that point things start to become complicated.

[Saffie 0]

You'll be fine. I sent in my AOS a month after the I-94 expired and had no problem. Others have waited far longer than I did. No need to panic.

Thanks Krikit, I appreciate it.

Thanks for all the help guys, I'm going to try and get this sorted tomorrow. I will call the embassy.

[Gary and Alla 3,694]

The K-1 is expired all ready, it expired when you used it to enter the US.

Your I-94 is what you need to worry about. Technically, your suppose to AOS before that expires. (it's in the instructions for the I-485)

However, people manage to do it after it expires, best advice, do it ASAP, don't delay. You will be "out of status" till you get the NOA for the AOS.

Eeeek, I just had my husband check his I-94 and it says it expired on February 19, 2009. We had called the embassy numerous times and she said technically there's no "expiration date" the only thing they require was that we got married in the 90 day time limit. I'm freaking out now.

The K-1 visa is valid for 6 months to enter the USA. Immediately upon entering the K-1 is cancelled. It does not "expire" it is cancelled. Te I-94 takes its place. The I-485 states that a person with an expired I-94 is not eligible to apply for AOS. However I read here over and over where people apply after the expiration of the I-94 and have no problem. It seems to be a key that you WERE married within 90 days. Just get it sent in ASAP.

[Krikit 1,163]

The K-1 visa is valid for 6 months to enter the USA. Immediately upon entering the K-1 is cancelled. It does not "expire" it is cancelled. Te I-94 takes its place. The I-485 states that a person with an expired I-94 is not eligible to apply for AOS. However I read here over and over where people apply after the expiration of the I-94 and have no problem. It seems to be a key that you WERE married within 90 days. Just get it sent in ASAP.

You're reading the wrong text in the instructions. Section F is what applies here, not Section D.

[rickynlucy 0]

Overstay is forgiven with the AOS. If you do pass 180 days you cannot leave the country (even with AP) or it will trigger a ban and then you will have to apply for a I-601 waiver. Any amount of overstay is fine and will be forgiven as long as you do not leave the country. Take your time and gather the money and send it in as soon as possible. You want to limit your out of status time as much as possible. This happens all of the time and people are able to AOS without a problem. Our I-94 expired on July 12 and we submitted our AOS in early March.