fililing procedures

[many questions 0]

question i am about to file for my husband ... should i file all forms together.. for my husband (overstayed k1 visa) all together or should i do the 1130 and 1485 first and wait to hear something...

[Gary and Alla 3,694]

question i am about to file for my husband ... should i file all forms together.. for my husband (overstayed k1 visa) all together or should i do the 1130 and 1485 first and wait to hear something...

WOW! No timeline...nothing. Well, let me try to decipher the code

First, you cannot "overstay" a K-1 visa. K-1 visas are CANCELLED upon arrival and replaced by an I-94. They I-94 expires in 90 days during which time you MUST be married. Provided you were married during the 90 day period, there is no "overstay". Your husband is "out of status" This is not such a big problem. But you need to get AOS filed.

For AOS from a K-1 there is no need for an I-130. You file an I-485. If you choose, you can also file for an AP (I-131) and EAD (I-765) HOWEVER, someone can correct me if I am wrong, but if he is out of status I do not think he can recieve an AP. There is no additional fees if you file all the forms together.

Next, read the guides for adjustment of status

[Bobby+Umit 161]

question i am about to file for my husband ... should i file all forms together.. for my husband (overstayed k1 visa) all together or should i do the 1130 and 1485 first and wait to hear something...

WOW! No timeline...nothing. Well, let me try to decipher the code

First, you cannot "overstay" a K-1 visa. K-1 visas are CANCELLED upon arrival and replaced by an I-94. They I-94 expires in 90 days during which time you MUST be married. Provided you were married during the 90 day period, there is no "overstay". Your husband is "out of status" This is not such a big problem. But you need to get AOS filed.

For AOS from a K-1 there is no need for an I-130. You file an I-485. If you choose, you can also file for an AP (I-131) and EAD (I-765) HOWEVER, someone can correct me if I am wrong, but if he is out of status I do not think he can recieve an AP. There is no additional fees if you file all the forms together.

Next, read the guides for adjustment of status

He can get the AP - depending on how long out of status he was determines if he should use it or not.. (more than 180+ days - don't).

[YuAndDan 153]

Moving this to the correct forum (AOS),, the K-1 forum has to do with filing the I-129F.

http://www.visajourney.com/timeline/profile.php?id=69272

DID YOU MARRY within the 90 days of the I-94? This will determine if the I-130 is needed or not.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.13 6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

[Gary and Alla 3,694]

question i am about to file for my husband ... should i file all forms together.. for my husband (overstayed k1 visa) all together or should i do the 1130 and 1485 first and wait to hear something...

WOW! No timeline...nothing. Well, let me try to decipher the code

First, you cannot "overstay" a K-1 visa. K-1 visas are CANCELLED upon arrival and replaced by an I-94. They I-94 expires in 90 days during which time you MUST be married. Provided you were married during the 90 day period, there is no "overstay". Your husband is "out of status" This is not such a big problem. But you need to get AOS filed.

For AOS from a K-1 there is no need for an I-130. You file an I-485. If you choose, you can also file for an AP (I-131) and EAD (I-765) HOWEVER, someone can correct me if I am wrong, but if he is out of status I do not think he can recieve an AP. There is no additional fees if you file all the forms together.

Next, read the guides for adjustment of status

He can get the AP - depending on how long out of status he was determines if he should use it or not.. (more than 180+ days - don't).

Thanks Bobby, I wasn't clear on that.