Timing of AOS application

[Jeff7710 0]

I arrived US on 7/17/14 on a K1 Visa, with an expiration date of 10/14/14; got married on 9/15/14; do I have to file the I-485 AOS app on or before 10/14/14? How long to I have to file it?

[steve n songsang 45]

no, you do not...the K-1 visa is now invalid, was good for one entry only...Youre wife is technically out of status until you file the AOS...best to do it as soon as you can, also,be sure to also file for I-131 advance parole and I-765 work permit along with the I-485 AOS...is free then your wife can travel and work while waiting for AOS approval.

[agrabs 237]

You don't have to file it on or before 10/14. However, if you file it after 10/14, your I94 is expired and you are out of status until you apply.

[steve n songsang 45]

agrabs is right, I mistakenly thought sept 14 as the expiration date....many people file AOS after I-94 expires, probably for financial issues, you have made it thru the K-1 visa process, best to do the AOS/EAD/ADVANCE PAROLE package as soon as you can,it is the next required step and then you can join the ranks of the many waiting for AOS approval.

[KayDeeCee 4,891]

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a new period of authorized stay while waiting for your green card approval.

[Jeff7710 0]

What does it mean to be "Out of Status" ?? Is that bad? Will agents visit me and haul me away in handcuffs?

[steve n songsang 45]

no, they will not come looking for you but any issue that brings you in contact with U.S.C.I.S. or border control will cause problems, you are technically in the country illegally by not filing AOS before I-94 expires.(unlawful presence)...this is forgiven when you file the AOS...I will use a Thailand analogy...if I overstay a few days and make it to the airport, I pay a fine and home I go,if I get caught by immigration before I get to airport, BIG problems. If the problem is financial, maybe you can borrow the money, try to file the AOS as soon as possible, both for the benefits you receive but also peace of mind.

[KayDeeCee 4,891]

What does it mean to be "Out of Status" ?? Is that bad? Will agents visit me and haul me away in handcuffs?

When the I-94 expires, you will be out of status, meaning you will be unlawfully present and accrue overstay time. When you file for AOS, the overstay clock will stop and you will be a new period of authorized stay. When the green card is approved, the overstay will not matter at all.

It is rare for someone to be detained that is out of status after entry with a K-1, but it has happened. Stay away from border checkpoints and using buses as a means of travel. They have been known to do sweeps of bus passengers looking for illegal immigrants.