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Filed: K-1 Visa Country: Canada
Timeline

My wife and I married November 27th, and she received her visa November 19th. We are filing her adjustment of status papers now, but what is her status once the 90 days ends for the K-1 Visa. Her I-94 card says until Feb18th, 2010. If we file before than are we safe until the green card comes or do we have to get an extension on her I-94 card ?

I know the obvious like no working and not to leave the country before AP/Work Authorization/Green Card

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My wife and I married November 27th, and she received her visa November 19th. We are filing her adjustment of status papers now, but what is her status once the 90 days ends for the K-1 Visa. Her I-94 card says until Feb18th, 2010. If we file before than are we safe until the green card comes or do we have to get an extension on her I-94 card ?

I know the obvious like no working and not to leave the country before AP/Work Authorization/Green Card

If you have submitted her AOS, she's not got to worry about her I-94 timing out. She'll have a NOA1 to show that she's a pending AOS.

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

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No need to fret. You may file the AOS even after the I-94 expires as long as you got married within the 90-day period.

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A K-1 (done in a strictly legal way) has status as follows:

Entry: K-1 entry status, expires on the date of the I-94 card (90 days). No extension available. Proof of status: Unexpired I-94 card.

Adjustment Applicant: Pending Adjustment status, expires 1 year after NOA1. Extension available if case is still pending. Expires when case is denied or approved. Proof of status: NOA1 (receipt of adjustment application)

Conditional resident: CR status (basically same as permanent), expires 2 years after AOS approval. Applicant must apply for removal of conditions no more than 90 and no less than 0 days before 2 year anniversary of Conditional Green Card approval. Status extended as long as the case is pending (similar to adjustment). Proof of status: Conditional Permanent Resident Card (green card)

Permanent resident.....etc.

It is undesirable to leave any gaps in your status, which is why actually applying for adjustment of status puts you back under the color of law while you wait for the actual status change.

Anyway, I hope that makes sense, and I didn't make it too confusing...

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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