K1 Visa - Adjustment of Status

[Malarie 0]

I have searched so please forgive me in advance as I am sure I am just freaking out and missed it!

QUESTION!!

K1 Visa Holder - Visa issued 4/18/2010 (expire date on visa is 10/17/2010) - Arrived 7/16/2010 - Married 9/17/2010

I94 issued 7/16/2010 and expired 10/14/2010

We are getting the AOS paperwork together to mail out next week so I was looking in VJ for tips etc... I came across a different thread in which the OP was saying something about freaking out because her CS appointment was 3 days prior to her I94 was expiring and she was rushing around to make sure things were in order so she could get the package out in the mail prior to the expiration date of the I94 ....

Am I missing something? I dont see anywhere where it says the AOS must be filed within those 90 days of entry ----- so that is my question -- DOES IT?

Thanks in Advance!!

Malarie

[marriedtomrg 136]

There is no rule that says you can't file for AOS after your I-94 expires. The only condition of the K1 visa is that you marry within 90 days of arriving in the U.S. You may file for AOS anytime after that, even after your I-94 expires. But normally it is not recommended that you wait too long to file for AOS after you marry under K1.

The sooner you can submit it, the better. Having the AOS NOA1 extends the validity of the I-94 until a decision to issue the non-USC spouse's green card becomes final.

I have searched so please forgive me in advance as I am sure I am just freaking out and missed it!

QUESTION!!

K1 Visa Holder - Visa issued 4/18/2010 (expire date on visa is 10/17/2010) - Arrived 7/16/2010 - Married 9/17/2010

I94 issued 7/16/2010 and expired 10/14/2010

We are getting the AOS paperwork together to mail out next week so I was looking in VJ for tips etc... I came across a different thread in which the OP was saying something about freaking out because her CS appointment was 3 days prior to her I94 was expiring and she was rushing around to make sure things were in order so she could get the package out in the mail prior to the expiration date of the I94 ....

Am I missing something? I dont see anywhere where it says the AOS must be filed within those 90 days of entry ----- so that is my question -- DOES IT?

Thanks in Advance!!

Malarie

[amykathleen2005 441]

It is a good idea to file your AOS within 90 days of entry. It is not required. The only requirement is the get married within the 90 days. If you filed AOS after that time period then you are out of status which is kind of a grey area.

[Malarie 0]

Thank you Both!!!

We have everything just about completed --- waiting on the vaccination transcription. I'm sure we will get this out in the mail early next week!!

TY TY TY - big sigh of relief!!

Malarie