K-1 visa, marriage and Adjustment of Status

[Michael Ruffin 1]

Hello VJ'ers

I have a question when it comes to the Adjustment of Status (AOS)! I know the AOS is roughly $1080 which covers residency, work permit and Emergency Travel Parole (as long as all is pay at the same time). My fiance K-1 visa expires Oct 1, 2012. We' well be married sometime in August. I am gathering up the money for AOS. Do we have to file and pay AOS before the K-1 visa expires or can we wait a little bit. My goal is to file ASAP because I need her to work very soon to offset expenses. Thank you!

Michael

[JimVaPhuong 4,863]

Hello VJ'ers

I have a question when it comes to the Adjustment of Status (AOS)! I know the AOS is roughly $1080 which covers residency, work permit and Emergency Travel Parole (as long as all is pay at the same time). My fiance K-1 visa expires Oct 1, 2012. We' well be married sometime in August. I am gathering up the money for AOS. Do we have to file and pay AOS before the K-1 visa expires or can we wait a little bit. My goal is to file ASAP because I need her to work very soon to offset expenses. Thank you!

Michael

As long as you marry before her I-94 expires (usually within 90 days of entering the US) then she will be eligible to adjust status based on the I-129F petition. She'll remain eligible as long as you remain married. There is no deadline to file for adjustment of status, and it does not have to be filed before the visa expires. Since the K1 is a single use visa, it technically expires the day she enters the US with it. The I-94 controls her lawful presence thereafter.

She'll be out of status if you don't file before the I-94 expires, but she would almost certainly not be deported for this unless she got herself into some sort of trouble with the law. Many people, including many VJ members, filed for the adjustment of status after the I-94 expired and it was never an issue.

BTW, her eligibility to adjust based on the I-129F petition is also based on her admission class. When she enters with a K1 then her admission class is K1. If she subsequently leaves the US without advance parole, even briefly, then she can't be readmitted under the K1 admission class because the K1 visa is a single use visa. She would no longer be eligible to adjust status based on the K1 petition. This means she can't leave the US until she's filed her adjustment of status and received her advance parole or she'll lose her eligibility to adjust status as a K1.

[Krikit 1,163]

Moving from K-1 Process to AOS Process.

[Caryh 5,206]

The K-1 has an expiration date that it must be used by. You get an I-94 that is the day you must be married by. Don't confuse these two very different dates. The EAD and AP are free when filed with the AOS. You AOS notice of receipt can also be used to to file them later for free. The AOS is best applied for as soon as possible. But many wait a while to raise up the money to pay the fees. You don't want to let the medical expire, which is good for 12 months, or you'll be paying for a new medical exam to. When the I-94 expires, married or not out of status days begin to accumulate. These are forgiven when marrying a USC. If you don't live in an area where ICE is active, its not a big risk to wait beyond the I-94 expiration. If you live in an area they are very active, its possible to get picked up and detained. A judge would normally then order the AOS be filed in a certain time frame.

[Azteca143 9]

Hello VJ'ers

I have a question when it comes to the Adjustment of Status (AOS)! I know the AOS is roughly $1080 which covers residency, work permit and Emergency Travel Parole (as long as all is pay at the same time). My fiance K-1 visa expires Oct 1, 2012. We' well be married sometime in August. I am gathering up the money for AOS. Do we have to file and pay AOS before the K-1 visa expires or can we wait a little bit. My goal is to file ASAP because I need her to work very soon to offset expenses. Thank you!

Michael

AOS(EAD,AP)$985 and $85 for Biometrics total of $1,070...somebody correct me if i'm wrong.

[KayDeeCee 4,892]

AOS(EAD,AP)$985 and $85 for Biometrics total of $1,070...somebody correct me if i'm wrong.

You are correct. The fee for the I-485 is $985 filing fee + $85 biometrics fee. The total is $1070. The fees for the EAD(I-765) and AP(I-131) are waived when filing with a pending I-485. So, the cost is $1070 with or without also filing for the EAD and AP.