K1 AOS 5 months after i-19 expired

[mik2012 17]

We now have the funds to file the AOS even though it is 5 months past the expiration date of the I-94. On the I-485 "Current USCIS Status" I would put overstay correct.

Being that her medical expires Jan 18th,2014 she should need a new one because we are still within the 1 year window of the physical. Is that a correct understanding on that issue.

Are there any other issues to be aware of for filing this late.

Michael

[Merrytooth 5,748]

On the I-485 "Current USCIS Status" I would put overstay correct. >>> I would put K1 since she entered under K1 visa

Edited November 24, 2013 by Merrytooth

[Hypnos 6,576]

Current status is "K-1, Expired". "K-1" would probably be acceptable too.

If there are at least 180 days between the expiration of the I-94 and the "received" date on the I-485 NOA then she may have issues travelling on AP.

Edited November 24, 2013 by Hypnos

[KayDeeCee 4,893]

No need to state overstay or that your I-94 expired. Just fill out the forms as anyone else adjusting from a K-1 and put 'K-1 Visa Holder', as it shows on the example form here > http://www.visajourney.com/examples/INS-Form-I-485.pdf

[mik2012 17]

No she is only at 112 days overstay right now and I appreciate the info. Thank you.

No, she is not planning to travel outside the us for atleast 2 more years.