when is it too late to apply for AOS?

[Mike and Thanh 0]

My wife(then fiancee)came here on September 8th, 2009. Her I-94 stated that her K1 visa will expire on December 7, 2009. I haven't apply for AOS yet. I was just busy with the wedding and work. I didn't even apply for a social security card or employment authorization card yet either. As long as I send in the application before December 7th, I should be ok right? I need to get the ball rolling that's for sure.

Btw, I went to the social security office to apply a card for my wife. They said I needed an employment authorization card. I posted this question before, and a member here link to a page on the ssa.gov site stating that a K1 visa holder does not need an employment authorization card. I brought all the papers and even printed out the link and they told me I still need the employment authorization card. I guess I should just go apply for one.

[Darnell 8,478]

Ya, file the complete AOS package asap . Go through the GUIDES at the top of this page - find the one you need, and go forth.

RE: Social Security Office - when ya went, her I-94 was expired - so she couldn't have one issued WITHOUT either an EAD card in hand, or a Green Card in Hand. (Sorry ).

Whilst she was a K-1 Visa Holder, once upon a time - she's not 'in status' anymore cause 1) she's married and 2) the I-94 has expired ).

Good Luck with the filing !!

[Otto 83]

My wife(then fiancee)came here on September 8th, 2009. Her I-94 stated that her K1 visa will expire on December 7, 2009. I haven't apply for AOS yet. I was just busy with the wedding and work. I didn't even apply for a social security card or employment authorization card yet either. As long as I send in the application before December 7th, I should be ok right? I need to get the ball rolling that's for sure.

The important this is that you get married withing 90 days of entering the US. Then it is advised you file for AOS as soon as possible (there is no time limit but sooner is better than later).

Btw, I went to the social security office to apply a card for my wife. They said I needed an employment authorization card. I posted this question before, and a member here link to a page on the ssa.gov site stating that a K1 visa holder does not need an employment authorization card. I brought all the papers and even printed out the link and they told me I still need the employment authorization card. I guess I should just go apply for one.

Yes - you should go apply for one.

[Chica Yeyé 41]

Her K-1 visa expired upon entry --- K-1's are a one time only v isa. What will expire in 2010 is her I-94. You should file for AOS before that, just to be on the safe side. Once her I-94 expires, she will be out of status.

[lindal24 1]

My wife(then fiancee)came here on September 8th, 2009. Her I-94 stated that her K1 visa will expire on December 7, 2009. I haven't apply for AOS yet. I was just busy with the wedding and work. I didn't even apply for a social security card or employment authorization card yet either. As long as I send in the application before December 7th, I should be ok right? I need to get the ball rolling that's for sure.

I believe that that expiration as stated on the visa is the time she is alloted before the actual visa itself expires (if she didn't come over immediately). Once she's over, the visa is invalid (as stated by others).

My husband's visa (in my photos) has an expiration (for use?) also...please correct me if I'm wrong on this (anyone...).

[Chica Yeyé 41]

My wife(then fiancee)came here on September 8th, 2009. Her I-94 stated that her K1 visa will expire on December 7, 2009. I haven't apply for AOS yet. I was just busy with the wedding and work. I didn't even apply for a social security card or employment authorization card yet either. As long as I send in the application before December 7th, I should be ok right? I need to get the ball rolling that's for sure.

I believe that that expiration as stated on the visa is the time she is alloted before the actual visa itself expires (if she didn't come over immediately). Once she's over, the visa is invalid (as stated by others).

My husband's visa (in my photos) has an expiration (for use?) also...please correct me if I'm wrong on this (anyone...).

K-3 spousal visas are multiple entry. K-1 fiance visas are one entry and they expire right after entry.

[lindal24 1]

My wife(then fiancee)came here on September 8th, 2009. Her I-94 stated that her K1 visa will expire on December 7, 2009. I haven't apply for AOS yet. I was just busy with the wedding and work. I didn't even apply for a social security card or employment authorization card yet either. As long as I send in the application before December 7th, I should be ok right? I need to get the ball rolling that's for sure.

I believe that that expiration as stated on the visa is the time she is alloted before the actual visa itself expires (if she didn't come over immediately). Once she's over, the visa is invalid (as stated by others).

My husband's visa (in my photos) has an expiration (for use?) also...please correct me if I'm wrong on this (anyone...).

K-3 spousal visas are multiple entry. K-1 fiance visas are one entry and they expire right after entry.

My husband's visa is a CR-1 Visa...

[Chica Yeyé 41]

My wife(then fiancee)came here on September 8th, 2009. Her I-94 stated that her K1 visa will expire on December 7, 2009. I haven't apply for AOS yet. I was just busy with the wedding and work. I didn't even apply for a social security card or employment authorization card yet either. As long as I send in the application before December 7th, I should be ok right? I need to get the ball rolling that's for sure.

I believe that that expiration as stated on the visa is the time she is alloted before the actual visa itself expires (if she didn't come over immediately). Once she's over, the visa is invalid (as stated by others).

My husband's visa (in my photos) has an expiration (for use?) also...please correct me if I'm wrong on this (anyone...).

K-3 spousal visas are multiple entry. K-1 fiance visas are one entry and they expire right after entry.

My husband's visa is a CR-1 Visa...

Then you are good to go until 90 days before expiration. Once that date approaches, your husband will have to Remvoe Conditions on his residence

[b_weeks 6]

My wife(then fiancee)came here on September 8th, 2009. Her I-94 stated that her K1 visa will expire on December 7, 2009. I haven't apply for AOS yet. I was just busy with the wedding and work. I didn't even apply for a social security card or employment authorization card yet either. As long as I send in the application before December 7th, I should be ok right? I need to get the ball rolling that's for sure.

The important this is that you get married withing 90 days of entering the US. Then it is advised you file for AOS as soon as possible (there is no time limit but sooner is better than later).

As long as you married before the date written on the I-94 which is typically 90 days after ebtry, you can file AOS anytime after. Most people file AOS within the 90 day window. You should file as soon as possible.

Btw, I went to the social security office to apply a card for my wife. They said I needed an employment authorization card. I posted this question before, and a member here link to a page on the ssa.gov site stating that a K1 visa holder does not need an employment authorization card. I brought all the papers and even printed out the link and they told me I still need the employment authorization card. I guess I should just go apply for one.

Yes - you should go apply for one.

This is NOT CORRECT. My wifes first SSN card said 'NOT WORK AUTHORIZED' on it. After we recieved her EAD we then went and replaced it.

Edited October 19, 2009 by b_weeks

[Chica Yeyé 41]

My wife(then fiancee)came here on September 8th, 2009. Her I-94 stated that her K1 visa will expire on December 7, 2009. I haven't apply for AOS yet. I was just busy with the wedding and work. I didn't even apply for a social security card or employment authorization card yet either. As long as I send in the application before December 7th, I should be ok right? I need to get the ball rolling that's for sure.

The important this is that you get married withing 90 days of entering the US. Then it is advised you file for AOS as soon as possible (there is no time limit but sooner is better than later).

As long as you married before the date written on the I-94 which is typically 90 days after ebtry, you can file AOS anytime after. Most people file AOS within the 90 day window. You should file as soon as possible.

Btw, I went to the social security office to apply a card for my wife. They said I needed an employment authorization card. I posted this question before, and a member here link to a page on the ssa.gov site stating that a K1 visa holder does not need an employment authorization card. I brought all the papers and even printed out the link and they told me I still need the employment authorization card. I guess I should just go apply for one.

Yes - you should go apply for one.

This is NOT CORRECT. My wifes first SSN card said 'NOT WORK AUTHORIZED' on it. After we recieved her EAD we then went and replaced it.

There is a time limit. Once the I-94 expires, the foreign spouse (previously fiance) will begin to overstay.

[b_weeks 6]

I meant to say that. Not sure why I said there wasn't.

AOS must be filed before I-94 expires.

[lindal24 1]

My wife(then fiancee)came here on September 8th, 2009. Her I-94 stated that her K1 visa will expire on December 7, 2009. I haven't apply for AOS yet. I was just busy with the wedding and work. I didn't even apply for a social security card or employment authorization card yet either. As long as I send in the application before December 7th, I should be ok right? I need to get the ball rolling that's for sure.

I believe that that expiration as stated on the visa is the time she is alloted before the actual visa itself expires (if she didn't come over immediately). Once she's over, the visa is invalid (as stated by others).

My husband's visa (in my photos) has an expiration (for use?) also...please correct me if I'm wrong on this (anyone...).

K-3 spousal visas are multiple entry. K-1 fiance visas are one entry and they expire right after entry.

My husband's visa is a CR-1 Visa...

Then you are good to go until 90 days before expiration. Once that date approaches, your husband will have to Remvoe Conditions on his residence

But what does the "expires on" date mean?? (I have a photo of my husband's visa in my photos if you'd like to take a look...)

[Chica Yeyé 41]

But what does the "expires on" date mean?? (I have a photo of my husband's visa in my photos if you'd like to take a look...)

Oh, ok gotcha. That means he has to activate it within 6 months; which he did when he crossed. You will now get the greencard, which will also have an expiry date of 2 years later.

[lindal24 1]

Well then my "activation" was only valid for 1 month...he picked up the visa on 10/14/09. That kinda sucks b/c I was really hoping that I'd be able to go home during the asian new year to pick him up and escort him to the US.

(he already purchased his ticket for 10/31/09)...

[Chica Yeyé 41]

Well then my "activation" was only valid for 1 month...he picked up the visa on 10/14/09. That kinda sucks b/c I was really hoping that I'd be able to go home during the asian new year to pick him up and escort him to the US.

(he already purchased his ticket for 10/31/09)...

Oh, there you go. The good news is, he can travel wherever he wants. He can also work (as soon as he requests his SSN).