K1 visa expires Sept does AOS needs to be filed before that?

[luck-e and Kookie 0]

I need help whether I need to file the AOS before my K1 visa expires? Because I am leaving the country on June and my visa expires sept 2009. How long is the AOS process?

[scandal 951]

I need help whether I need to file the AOS before my K1 visa expires? Because I am leaving the country on June and my visa expires sept 2009. How long is the AOS process?

Your K1 visa will be valid for 4 months from date of issuance. If you enter in June, that is well within the 4 months from the issuance of your visa on April 13, so you are fine.

Once you have entered the US you must marry and file for AOS within 90 days.

Note: It's not your K-1 visa that will expire in Sept. Your K-1 effectively "Expires" on the day you enter in June, at which point you will be issued an I-94 in your passport. It's the I-94 that has 90 days validity till Sept. You must file the AOS before the I-94 expires. Once your AOS is filed, you are in a sort of gray zone in which your I-94 is expired but you still haven't received your EAD, AP or Green card. The VJ advice I have seen on this matter is to always carry around EVERYTHING. Your passport, the I-94 (even though expired), your certified marriage license, and all the paperwork you sent for AOS. This collective package of documents is your proof of valid presence in the US till you get the Green Card.

[Dakine 26]

I need help whether I need to file the AOS before my K1 visa expires? Because I am leaving the country on June and my visa expires sept 2009. How long is the AOS process?

You are supposed marry and to file for AOS within 90 days of arrival in the USA. If not you will be out of status and subject to deportation "if caught"until you do apply.

LOTS of people don't file before the 90 days and get away with doing so tho.

Better for the beneficiary to get AOS filed ASAP as if the petitioner should dump you or get killed or die you will be deported.

Edited April 20, 2009 by Haole

[luck-e and Kookie 0]

I need help whether I need to file the AOS before my K1 visa expires? Because I am leaving the country on June and my visa expires sept 2009. How long is the AOS process?

Your K1 visa will be valid for 4 months from date of issuance. If you enter in June, that is well within the 4 months from the issuance of your visa on April 13, so you are fine.

Once you have entered the US you must marry and file for AOS within 90 days.

Note: It's not your K-1 visa that will expire in Sept. Your K-1 effectively "Expires" on the day you enter in June, at which point you will be issued an I-94 in your passport. It's the I-94 that has 90 days validity till Sept. You must file the AOS before the I-94 expires. Once your AOS is filed, you are in a sort of gray zone in which your I-94 is expired but you still haven't received your EAD, AP or Green card. The VJ advice I have seen on this matter is to always carry around EVERYTHING. Your passport, the I-94 (even though expired), your certified marriage license, and all the paperwork you sent for AOS. This collective package of documents is your proof of valid presence in the US till you get the Green Card.

Thank you so much. When we get to the US, we'll get married right away and file for the AOS as well. How long does it take? So if Sept comes and my AOS is still pending, for as long as I already filed it, I can stay in the US right?

[Krikit 1,165]

Your K1 visa will be valid for 4 months from date of issuance. If you enter in June, that is well within the 4 months from the issuance of your visa on April 13, so you are fine.

The visa is valid for 6 months.

Thank you so much. When we get to the US, we'll get married right away and file for the AOS as well. How long does it take? So if Sept comes and my AOS is still pending, for as long as I already filed it, I can stay in the US right?

The AOS application receipt (I-797C) is your proof that you are in the US legally and that you have an adjustment of status pending. No telling how long the AOS takes. Some have taken weeks, others have taken years. Here are the AOS timelines.

Yes, you can stay in the US.