AOS K1 Help!

[Mclovin 2]

Hi guys! My POE was August 2, 2011..which means my I-94 is good until October 31, 2011. We are getting married on October 15th, 2011..then it takes a week to get the marriage certificate. Which brings us to around October 26th. We are going to send the AOS papers in that day but I have read if we don't get them in before the I-94 expires than I will be out of status!? Should we go get our marriage license and do a courthouse Wedding to ensure the papers are in before October 31st?

It says on the back of my I-94 that I am only allowed in the country until October 31st and to stay past that date without permission from Homeland Security is a violation of the law. So confused!

[Inky 1,110]

Stop freaking out the AOS does not have to be done before the I-94 expires.

You only have to be married with in the 90 days. You can send AOS in any time after that.

[Dave&Roza 748]

Hi guys! My POE was August 2, 2011..which means my I-94 is good until October 31, 2011. We are getting married on October 15th, 2011..then it takes a week to get the marriage certificate. Which brings us to around October 26th. We are going to send the AOS papers in that day but I have read if we don't get them in before the I-94 expires than I will be out of status!? Should we go get our marriage license and do a courthouse Wedding to ensure the papers are in before October 31st?

It says on the back of my I-94 that I am only allowed in the country until October 31st and to stay past that date without permission from Homeland Security is a violation of the law. So confused!

You have until October 31st--the expiry of the I-94--to get married. Once married you have completed the requirements of the K-1 Visa. You then file for AOS, but there is no real time limit to do so. Once the I-94 expires you are out of status if you have not yet filed the AOS. This means you can be detained and taken before a immigration judge who will tell you to file AOS ASAP. Once you file AOS, you can carry the I-797 form around as proof that you have filed and are in the US legally.

Why does it take a week to get the marriage certificate--oh I see you are taking about the original correct? I was able to get certified copies the day I submitted the original and used that to file the AOS. I did take the original to teh AOS interview and another copy. The IO looked at the original and kept another copy. I would see if you can get certified copies the day you submit the marriage license to the county clerk.

Good luck on the up coming wedding.

Dave

[Oksana & Max 94]

You have until October 31st--the expiry of the I-94--to get married. Once married you have completed the requirements of the K-1 Visa. You then file for AOS, but there is no real time limit to do so. Once the I-94 expires you are out of status if you have not yet filed the AOS. This means you can be detained and taken before a immigration judge who will tell you to file AOS ASAP. Once you file AOS, you can carry the I-797 form around as proof that you have filed and are in the US legally.

Why does it take a week to get the marriage certificate--oh I see you are taking about the original correct? I was able to get certified copies the day I submitted the original and used that to file the AOS. I did take the original to teh AOS interview and another copy. The IO looked at the original and kept another copy. I would see if you can get certified copies the day you submit the marriage license to the county clerk.

Good luck on the up coming wedding.

Dave

Arrested??? That at first I heard that. As long as you are married within 3 month, you are fine. While you do need to file for AOS the sooner the better, you are not really out of status. Since you complied with K-1 Visa Requirements

[frankielove 5]

Depending where you live you can get the marriage certificate right away. We got married on Saturday, took the form to the courthouse on Monday to register and got certified copies about an hour later. They weren't that busy, we asked nicely and explained it was for immigration purposes. You might call your local courthouse and ask first, if you have the time to register right away. We were in Cook County in Illinois.

Good Luck!

[JimVaPhuong 4,863]

Arrested??? That at first I heard that. As long as you are married within 3 month, you are fine. While you do need to file for AOS the sooner the better, you are not really out of status. Since you complied with K-1 Visa Requirements

Yes, a K1 visa holder is out of status when the I-94 expires, even if they've married the K1 petitioner. Being out of status does not affect their eligibility to adjust status.

Being arrested is unlikely unless you like to tempt fate and journey close to the southern US border, or otherwise have an encounter with CBP or ICE. Being dragged in front of an immigration judge is even less likely. DHS policy is not to attempt to remove someone if they are clearly eligible to adjust status. About the most serious thing likely to happen is you'd be jerked around by ICE for a few hours, and then released with an admonishment to file the AOS.