Green Card requested, Visa expired

[Khemia 0]

I hope this is the right part of the forum to post in. I couldn't find anything about my problem by searching, though I'm sure it was asked before, maybe I just don't have the right wording.

I plan on filing my I-129F in February or March 2011 and then going over to the US in July/August. If I do get the K1 Visa I only have 3 months to get married and apply for a Green Card, so even if I marry my partner within the first week my visa wouldn't exactly last long.

Am I still permitted to stay in the US just because I applied for a Green Card? And is there a way to get a work permit for that time?

Thanks in advance.

[payxibka 10,047]

yes, all your questions about green card, staying in the USA and work can and are answered frequently in the adjustment of status forum

Since this is not a K-1 visa issue so I will move this thread

[VanessaTony 3,567]

I hope this is the right part of the forum to post in. I couldn't find anything about my problem by searching, though I'm sure it was asked before, maybe I just don't have the right wording.

I plan on filing my I-129F in February or March 2011 and then going over to the US in July/August. If I do get the K1 Visa I only have 3 months to get married and apply for a Green Card, so even if I marry my partner within the first week my visa wouldn't exactly last long.

Am I still permitted to stay in the US just because I applied for a Green Card? And is there a way to get a work permit for that time?

Wrong. You have 90 days to MARRY. You can apply for AOS whenever, but doing so before the I-94 expires is preferable.

As for "planning" for July/August, depending on your consulate the wait could be longer than this. Just a warning.

The visa is voided the minute you land on US soil to activate it. You are then relying on the I-94 deadline which is 90 days.. the "visa date" is now irrelevant. You will be "out of status" once the I-94 expires but if you have filed AOS before then the NOA1 from filing AOS will be your "proof of status". You DO NOT leave the country until you have either an AP or the GC.

As for working, that would be the EAD that you file for at the same time as AOS. Expect to wait 2 months from filing AOS to get it.

I suggest you read the AOS thread here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/ it also lists the VJ guides on the topic. I think you should be prepared for what is ahead (including the $1070 fee for AOS after Nov 23rd 2010) so that you're not caught by surprise.

Good luck.

Edited October 24, 2010 by Vanessa&Tony