6 months running out

[feanor 0]

Ok so I have had my K1 Visa and my wife and I got married in October, we applied for the Green card in January ( I know it was late but she left her job and found a better paying one so she could sponsor me again, its a long story) so I got the e-mails from them ( acceptance confirmation ) but I'm wondering, my visa expired because I got married so what happens when my 6 months are up ? I don't have a Green card, its being processed. Am I able to stay in the country while its processed or do I have to leave ?

[KayDeeCee 4,893]

Ok so I have had my K1 Visa and my wife and I got married in October, we applied for the Green card in January ( I know it was late but she left her job and found a better paying one so she could sponsor me again, its a long story) so I got the e-mails from them ( acceptance confirmation ) but I'm wondering, my visa expired because I got married so what happens when my 6 months are up ? I don't have a Green card, its being processed. Am I able to stay in the country while its processed or do I have to leave ?

Your K-1 visa became null and void the moment you used it to enter the US. The 6 months was the time you had to use it to enter the US. It is a one time entry visa. You received an I-94 when you entered. It was valid for 90 days. That is what your status, as far as overstay time, is based on. You only had to marry within those 90 days, so you did that and filed for AOS. There is no deadline to file for AOS, and since you have the notice that you applied, you are now in a period of authorized stay. You can carry a copy of your AOS receipt notice with you. Any days you went over the I-94 expiration date will not matter once you are approved for the green card. You most definitely do not want to leave the US unless you have AP or your green card first. Otherwise you will abandon your AOS and your spouse will then need to file for a spousal visa in order for you to re-enter the US.

[jkelly07 120]

sorry i don't understand, your married on a k-1, so what do you have to spondor again for,so you appy for aos 1-485 and now your waiting for the permanent resident card to be processed wait for the card, do not leave the us or you won't be allowed back in with out the green card.

[Enigma11561 336]

Your K-1 visa became null and void the moment you used it to enter the US. The 6 months was the time you had to use it to enter the US. It is a one time entry visa. You received an I-94 when you entered. It was valid for 90 days. That is what your status, as far as overstay time, is based on. You only had to marry within those 90 days, so you did that and filed for AOS. There is no deadline to file for AOS, and since you have the notice that you applied, you are now in a period of authorized stay. You can carry a copy of your AOS receipt notice with you. Any days you went over the I-94 expiration date will not matter once you are approved for the green card. You most definitely do not want to leave the US unless you have AP or your green card first. Otherwise you will abandon your AOS and your spouse will then need to file for a spousal visa in order for you to re-enter the US.

Well said.

[feanor 0]

beautiful, thank you very much.