AOS application after K1 visa has expired

[leeanne 0]

Can you please advise me if it is ok to apply for a green card after my K1 visa has expired? The filing fee is a big amount that we still do not have it this time and my visa is nearly expired..Did it happen already? What would be the consequences? Please advise. thanks

[Deputy Purple 1,294]

You don't have to AOS before your I-94 expires but you must get married to the petitioner before the I-94 expires.

You can file AOS anytime after you're married.

[leeanne 0]

Can you please advise me if it is ok to apply for a green card after my K1 visa has expired? The filing fee is a big amount that we still do not have it this time and my visa is nearly expired..Did it happen already? What would be the consequences? Please advise. thanks

thank you so much. Am I still considered a legal alien here even if my K1 visa has expired before filing AOS?

[Krikit 1,163]

Your visa was endorsed and made null and void at your Port of Entry. The I-94 Arrival/Departure record is what you are going by now. Ditto to what Bob 4 Anna says.

Moving from K-1 Process to AOS forum.

[leeanne 0]

thank you so much. Am I still considered a legal alien here even if my K1 visa has expired before filing AOS?

Thank you so much for that. I didnt know much about the forum section.

[grrrrreat 109]

thank you so much. Am I still considered a legal alien here even if my K1 visa has expired before filing AOS?

Look at the date on your I-94 that you got when you entered--this is your period of approved stay. Technically, if you stay past this date without adjusting status, you are considered out-of-status. However, this is generally forgiven for spouses of U.S. citizens as long as you later adjust status, so you should still be able to file the forms at a later date. You shouldn't leave the U.S. until you apply for adjustment of status and receive a Green Card (or advance parole), or you probably will not be allowed back in.

[leeanne 0]

Please help me. My I-94 will soon be expiring but we still cannot file for AOS since we dont have enough money for the payment. What will happen? Can I still stay in the US? I am married already to my petitioner. Please advise. Thanks..

[Caryh 5,206]

You're an out of status alien until you adjust status after your I-94 expires. The problem with not adjusting status is you may not be able to get a drivers license, ID card, Social Security number, etc... until after you adjust. You will not get deported. If you were to get picked up and found to be out of status, you would be brought before a judge who would order you to adjust your status, and then you better get it done. So you're kind of in a legal grey zone of immigration law. Partly considered here legally, but without any of the benefits of being here legally until you adjust status.

[Reyan 56]

Another thing you cannot do is work until you receive your EAD or GC. Good luck.

[grrrrreat 109]

You're an out of status alien until you adjust status after your I-94 expires. The problem with not adjusting status is you may not be able to get a drivers license, ID card, Social Security number, etc... until after you adjust. You will not get deported. If you were to get picked up and found to be out of status, you would be brought before a judge who would order you to adjust your status, and then you better get it done. So you're kind of in a legal grey zone of immigration law. Partly considered here legally, but without any of the benefits of being here legally until you adjust status.

Sort of correct, but you can get an EAD even before the adjustment of status is complete, and you can use an EAD to get a SSN, DL, ID card, etc.

[Leatherneck 693]

thank you so much. Am I still considered a legal alien here even if my K1 visa has expired before filing AOS?

Your K1 merely got you to the U.S., you no longer have a valid visa - it served its purpose at the POE. You are a legal alien, you were entered the U.S. legally. However, your status is in 'limbo' until you file for AOS - you certainly do not want to get caught up in a immigration check point.

Edited April 10, 2012 by Leatherneck

[Leatherneck 693]

See the other thread you started, your questions have been answered there. Maybe the mods will merge your two threads.

[Tygrys 143]

Sort of correct, but you can get an EAD even before the adjustment of status is complete, and you can use an EAD to get a SSN, DL, ID card, etc.

Yes, but it will cost even more. Additional $380 for filing for EAD without AOS at the same time.

[Tahoma 2,291]

When your I-94 expires, it would be a good idea not to take any trips too close to the Mexican border.

[Caryh 5,206]

Sort of correct, but you can get an EAD even before the adjustment of status is complete, and you can use an EAD to get a SSN, DL, ID card, etc.

I guess you could for some of it, but I have heard of some states refusing to give the DL or ID unless you have the green card. I think it was South Carolina I looked up for someone questioning the requirements, but I'm not 100% sure now. My own state doesn't appear to care if you're here legally. At least they never checked my wife for anything other than asking for an ID. She used her passport but they didn't check the I-94 or ask for any immigration documents to show she's here legally.