Haven't filed AOS and I think it's too late

[fm2002 0]

I'm confused again. On my Fiance VISA it states:

Issue Date: 02FEB2012

Expiration Date: 30JUL2012

So far so good, but below this it states:

Annotation: FIANCEE OF MR. XXXXX K-1 PETITION EXPIRES ON MAY 31, 2012

Have I screwed up and missed the deadline ? If so what now ?

[tru_loves_journey 117]

I'm confused again. On my Fiance VISA it states:

Issue Date: 02FEB2012

Expiration Date: 30JUL2012

So far so good, but below this it states:

Annotation: FIANCEE OF MR. XXXXX K-1 PETITION EXPIRES ON MAY 31, 2012

Have I screwed up and missed the deadline ? If so what now ?

No, You can file AOS whenever you like. Just make sure you get married within the 90 days. My husband has been here 10 months and we filed on 5/29.

Edited June 4, 2012 by tru_loves_journey

[zenaxe 22]

I'm confused again. On my Fiance VISA it states:

Issue Date: 02FEB2012

Expiration Date: 30JUL2012

So far so good, but below this it states:

Annotation: FIANCEE OF MR. XXXXX K-1 PETITION EXPIRES ON MAY 31, 2012

Have I screwed up and missed the deadline ? If so what now ?

As the other poster notes....you have to marry within the 90 days then you apply to adjust status, get employment and travel authorization etc. all visas are temporary until you get the permanent residency card. if you come in on a K1 you have to marry the person you stated you intended to marry and must be done within the 90 days; if you don't, the visa expires...

[zenaxe 22]

No, You can file AOS whenever you like. Just make sure you get married within the 90 days. My husband has been here 10 months and we filed on 5/29.

True, and yes, after marriage the person may file anytime but can't work or travel until advanced parole and employment authorization is granted. doesn't that come with adjustment of status or can you get those separate from the AOS? I can't recall...and I came in via I 130.

[tru_loves_journey 117]

I need to mention before it's pointed out: You cannot work, cannot leave the US and re-enter, You're out-of-status and CAN be detained by ICE for being out of status (after the I-94 expires). It's unlikely to be deported but you need to know there are risks with remaining out of status.

Edited June 4, 2012 by tru_loves_journey

[Enigma11561 336]

Try to understand the process. You filed a petition for a K1 visa. The petition was approved so that is a done deal. Forget about it. You now have a valid visa which is good for 6 months. I cannot see on your time line where you stand at the moment, but you need to come to the U.S. befor the July date. Then the visa is expired ( one entry only). You will get a stamp good for 90 days in which you need to get married. After that ( whew), you file for your AOS.

[Darnell 8,478]

well, since yer here already - please understand -

that visa was invalidated after you crossed the POE into the USA (as the K-1 visa is a single use visa)

and you now are 'in status' based on the dates in the I-94 (not the visa dates)

If we knew yer US Arrival date (from yer timeline -wei - please update it nowish)

then we could give you some other advice about ssn acquiring..

As long as you marry within the 90 days of arrival date,

you can file for AOS anytime after marriage.

IF/WHEN you approach the 2 year mark of being in USA without filing for AOS, include the I-130 as well.

Good Luck !

Edited June 4, 2012 by Darnell

[fm2002 0]

Arrived: April 2

Married: April 12

Should be filing all my AOS stuff including I-131 & I-765 in about a week.

Thanks for the responses !

[Darnell 8,478]

so you have 90 days (from the I-94) ending at 2 July, if'n I can still run a calendar math thingie in my head. You'll be 'in status' for certain till then.

Did you get in to yer local SSA office and apply for a SSN yet? You really should, this week, if you not have one yet.

Edited June 4, 2012 by Darnell

[fm2002 0]

Applied for a SS card before we were married. Need to check on it.

[Darnell 8,478]

not receive it yet? aiyo. get into ssa office on monday.

[bigdog 376]

As others have said when you are out of status all offers are on the table. File your AOS along with EAP and AP, both of the latter are free. Welcome. Just a suggestion keep on top of this stuff, it is hard enough without the extra stress. Some on VJ have suggested (and jumped my XXX) as it is no big deal to go over, but personally I don't agree ( I live AZ, high deportation and arrest state for out of status). Be safe.

[Penny Lane 8,159]

As the other poster notes....you have to marry within the 90 days then you apply to adjust status, get employment and travel authorization etc. all visas are temporary until you get the permanent residency card. if you come in on a K1 you have to marry the person you stated you intended to marry and must be done within the 90 days; if you don't, the visa expires...

As others have said, the K1 visa is a one time entry visa. It expires the moment you use it. The I-94 that's put in your passport at your point of entry is what keeps you in status for the 90 days.

[shure 8]

No, You can file AOS whenever you like. Just make sure you get married within the 90 days. My husband has been here 10 months and we filed on 5/29.

Hi so just filed couple of weeks ago right? Is your husband working or able to work w/o AOS? Was he able to get driver's license? Im just curious bcoz Ive been here 4 months now and can't get anything bcoz Im not applying for AOS yet. Can't work coz no permit to work,we will file it same time with AOS so it will be free.

[tru_loves_journey 117]

Hi so just filed couple of weeks ago right? Yes

Is your husband working or able to work w/o AOS? No, he has to receive his green card in order to work

Was he able to get driver's license? No

Im just curious bcoz Ive been here 4 months now and can't get anything bcoz Im not applying for AOS yet. Can't work coz no permit to work,we will file it same time with AOS so it will be free. Great, it's better to file as soon as possible. Good Luck