Already married, just need to AOS

[Austramerican 83]

So we were married officially in June and have been planning a bigger wedding with friends and family in Sept (less than 2 weeks). Kinda lost track of time...it said his k1 expired in Aug, but we are already married? Is this a problem? I'm waiting for my tax returns to be mailed to me so we can send them along with the paperwork, as soon as I get that we will be filing the AOS, do we have anything to worry about? I'm kinda stressed right now that we neglected it up til now and worried if we just made another problem for ourselves???

[Hypnos 6,576]

The K-1 is void as soon as you enter the US, since it is a single-use visa.

Since you were married within 90 days of entry then the requirements have been met, and all you need do is file AoS, which it appears you are in the process of doing. Whether you file before or after his I-94 expires does not matter per se, although he will be out of status from the time the I-94 expires to when you file for AoS, which can cause trickiness.

You should file for AoS as soon as you can. Beyond that you should have no issues.

[Kathryn41 3,205]

Don't worry. You're fine.

He entered on a K-1 visa which has the requirement of getting married to his US sponsor within 90 days of using the visa to enter the US. He did that. By getting married within the 90 days, your husband now has the right to apply to become a permanent resident based upon the K-1 visa entry since he satisfied the requirement. Once he crossed the border, his status in the US was determined by the I-94 that was put in his passport, not the K-1 visa which was solely for entering with the condition of getting married within 90 days.

Your husband is eligible to apply for AOS and should as that gives him legal permission to live in the US - but it is not a requirement of the K-1 visa to apply for AOS within those 90 days; all that is required is getting married to the US sponsor. Your husband is now 'out of status' and will be until the AOS package is accepted (not approved - just accepted) by USCIS.). Once the AOS package has been received by USCIS your husband will again have a legal status in the US. The few weeks that he will be out of status will not cause him any problems. Technically, if he were stopped by ICE or required to show proof of legal status in the US he could be detained and taken before an immigration judge for a deportation hearing, but because he is legally allowed to adjust status, the judge would allow that to be filed and he would be released. That is the worst case scenario - and extremely unlikely to ever be a possibility for you so don't worry. File the AOS as soon as you are able - and enjoy your big wedding celebration.

Congratulations and good luck on the rest of your immigration journey.

Edited September 2, 2012 by Kathryn41

[Austramerican 83]

Thank you this makes us feel so much better!!!