Do I need to apply for AOS before K-1 expirary date?

[J & J 3]

Hi All,

Just have a quick question...

Would it matter if I filed for AOS after my K-1 expires? I believe the date on the K-1 just means you have to be married by that date? It this right? I'm going to start on my papers tomorrow, we just got married on the 14th of Nov, but been overly busy. My expiration date is on the 6th of Dec, I should have it in by then anyways, but just was curious.

Thanks and hope everyone has a good Thanksgiving!!

[brightskte 18]

Yes, you can file after your K-1 expiration. K-1 expiration is the date you have to be married by, which you know already.

[HappyRs 8]

Technically, your K1 visa is not valid anymore once you entered the US in September. The date I think you have in mind is the one on the I-94, right? You were supposed to get married within the time frame of 3 months...and you did. While it is not mandatory that you apply for AOS before I-94 expires, it is advisable that you do so. There have been couples that applied for AOS months after the I-94 expired and they didn't encounter any problems, but that's not recommended. Bottom line, if you start working on your papers soon and send them off as soon as possible (even after Dec. 6), you will be just fine... Good luck!

[Brenda2010 1]

Sorry guys, got a bit lost...just to confirm: you have to enter the states/activate your K1 visa prior to the expiration date, then marry within 90 days after entry...right?

[Veronik 19]

Sorry guys, got a bit lost...just to confirm: you have to enter the states/activate your K1 visa prior to the expiration date, then marry within 90 days after entry...right?

Yep, what happens is that the visa itself is only valid for that one entry. After that, it's not valid. Your I-94, a piece of paper that will be stapled to your passport, will have an expiry date on it. You need to get married before that date...

[Brenda2010 1]

Yep, what happens is that the visa itself is only valid for that one entry. After that, it's not valid. Your I-94, a piece of paper that will be stapled to your passport, will have an expiry date on it. You need to get married before that date...

Gotcha, thanks (as always!), B

[Tater&Bugger 3]

I was specifically told by my POE officer to file before my 1-94 expires (the paper they stapled to your pp). It shouldn't take you longer than a day to file your AOS because it asks more or less the same things as the K1. Just need more up to date copies on somethings... and if it's been over 6 months since your medical then you need to meet with a civil surgeon I believe. Can't remember the timeline on that.

Either way it's best to just get it done asap

[brightskte 18]

lol booh I must have been half asleep when I wrote that reply yesterday. I was thinking of the I-94 expiration, not the K-1.

[Krikit 1,163]

I didn't file until a month after my I-94 expired. Legally, you do not have to file before the end of the I-94 expiry date. For example, if you married on the last date you probably wouldn't have the paperwork (i.e. marriage certificate) ready to go on that date also. But it's best to get it done as soon as possible.

Moving from the Canada Forum to the AOS forum.

[VanessaTony 3,567]

I was specifically told by my POE officer to file before my 1-94 expires (the paper they stapled to your pp). It shouldn't take you longer than a day to file your AOS because it asks more or less the same things as the K1. Just need more up to date copies on somethings... and if it's been over 6 months since your medical then you need to meet with a civil surgeon I believe. Can't remember the timeline on that.

Either way it's best to just get it done asap

That's because PoE officers don't know as much as they should :S

You need to be married by the I-94 date. You can file AOS whenever you like... in fact in reality, you really NEVER have to file AOS.. but here are the issues...

- You cannot leave, if you do, you will need a new visa to re-enter

- you cannot work, legally that is. If caught you and your employer are in lots of trouble

- you can be detained and locked up by ICE (once your I-94 is expired). They won't necessarily deport you, but lots of $$ there

- you can't get a drivers licence or ID with an expired I-94

Fee's will probably go up AGAIN as well. it's just really inconvenient as well as really making you feel like an alien when you're already struggling with "homesickness"' and then you can't do anything and you're too scared to leave the house in case you get asked for status docs. Let alone if something happens "back home" you can't go and visit and come back to the US easily..

As for the forms and medicals. First you need an I-864 for AOS, where for the K1 it was an I-134.. majority of docs are just updates to the ones for K1's.. it's not really too hard. BUT for the medical.. your medical is valid for TWELVE months but your immunisations might not be. You should as a rule see a CS to make sure your shots on the DS-3025 are up to date which s/he will then transcribe into the I-693.. you don't need a whole medical. You can just send the DS-3025 if you don't want to pay for a transcription and if you're okay with a possible RFE.

[Rebecca Jo 1,962]

That's because PoE officers don't know as much as they should :S

You need to be married by the I-94 date. You can file AOS whenever you like... in fact in reality, you really NEVER have to file AOS.. but here are the issues...

- You cannot leave, if you do, you will need a new visa to re-enter

- you cannot work, legally that is. If caught you and your employer are in lots of trouble

- you can be detained and locked up by ICE (once your I-94 is expired). They won't necessarily deport you, but lots of $$ there

- you can't get a drivers licence or ID with an expired I-94

Fee's will probably go up AGAIN as well. it's just really inconvenient as well as really making you feel like an alien when you're already struggling with "homesickness"' and then you can't do anything and you're too scared to leave the house in case you get asked for status docs. Let alone if something happens "back home" you can't go and visit and come back to the US easily..

As for the forms and medicals. First you need an I-864 for AOS, where for the K1 it was an I-134.. majority of docs are just updates to the ones for K1's.. it's not really too hard. BUT for the medical.. your medical is valid for TWELVE months but your immunisations might not be. You should as a rule see a CS to make sure your shots on the DS-3025 are up to date which s/he will then transcribe into the I-693.. you don't need a whole medical. You can just send the DS-3025 if you don't want to pay for a transcription and if you're okay with a possible RFE.

Oh, I don't know about POE officers not knowing as much as they should.

They know an alien with an expired I-94 is out of status (if that alien has not filed to adjust their status and therefore not under "color of law" to remain in the US).

Meaning that the real issue with being in the US on an expired I-94 isn't all the things you listed, Vanessa. The things you listed happen BECAUSE the alien is out of status. That is the issue. All a person has to do to avoid those problems is file.