K1 about to expire, haven't sent AOS yet!?

[sccrsurfer 2]

Here is the story in brief:<br><br>

K1 Issued: August 6, 2014

Fiancee Entered USA: October 17, 2014

Marriage Date: October 25, 2014 (Los Angeles)

Official Marriage Certificates Received: December 28, 2014

K1 Expiration: January 10, 2015<br><br>

Why is the above worrying.......We haven't filed our AOS yet!! We didn't file it because we literally just received the official marriage certificates from the Los Angeles County office. It takes 8 weeks! <br><br>

We were really excited to finally have the official marriage certificates and mail in our AOS. I looked at her K1 Visa to take note of her A# and noticed we are only a few days away from the K1 expiration date. <br><br>

We got married within 90 days of her entering the United States, and did everything we could paperwork-wise as soon as we got any types of notification, etc... <br><br>

Can someone tell me if this is something I should worry about? We got married within 90 days of her entering the country, and are now filing for the AOS as soon as we could have, as I understand you need the official certified copy of the marriage certificate. Does her being in the country after the K1 expires present problems if her AOS isnt being processed yet? <br><br>

I'm a little worried. Obviously I will get the ball rolling asap, but want to know if this is a big deal or not.

[sccrsurfer 2]

To make things more worrying, the i94 expires on January 14th.

[nobbie 105]

No, the visa expired when she entered the country, thats over, You got married within 90 days so that fine too. Sounds good to me, file the AOS stuff and then wait.....

[Zedayn 485]

Here is the story in brief:<br><br>

K1 Issued: August 6, 2014

Fiancee Entered USA: October 17, 2014

Marriage Date: October 25, 2014 (Los Angeles)

Official Marriage Certificates Received: December 28, 2014

K1 Expiration: January 10, 2015<br><br>

Why is the above worrying.......We haven't filed our AOS yet!! We didn't file it because we literally just received the official marriage certificates from the Los Angeles County office. It takes 8 weeks! <br><br>

We were really excited to finally have the official marriage certificates and mail in our AOS. I looked at her K1 Visa to take note of her A# and noticed we are only a few days away from the K1 expiration date. <br><br>

We got married within 90 days of her entering the United States, and did everything we could paperwork-wise as soon as we got any types of notification, etc... <br><br>

Can someone tell me if this is something I should worry about? We got married within 90 days of her entering the country, and are now filing for the AOS as soon as we could have, as I understand you need the official certified copy of the marriage certificate. Does her being in the country after the K1 expires present problems if her AOS isnt being processed yet? <br><br>

I'm a little worried. Obviously I will get the ball rolling asap, but want to know if this is a big deal or not.

Nothing to worry about at all.

The K-1 visa actually expired on Oct 17...the date of your POE. The defining document is the I-94, which you say expires Jan 14. It doesn't really matter though as you married within the 90 days. You can adjust status when ever you are ready. Some people have waited months after their I-94 expired to file AOS and they were just fine.

Edited January 5, 2015 by Zedayn

[Stevephoto 224]

You are, as others have said, perfectly fine. I have read many reports here where people have waited years to file AOS after marrying within 90 days on the k-1 visa. TECHNICALLY you are out of status once the I-94 expires, but those days are forgiven upon filing the AOS (married to USC--someone correct me if there are other conditions that apply to this "forgiveness"). There is a slight chance of being hassled during the out of status period, especially in neighborhoods by a border, but this is rare. You will acquire a new "status" once your AOS is received. I forget what they call it, but it not legal permanent resident status--it is more of a "permission to stay until your case is complete" status. Don't forget to file for the EAD/AP card at the same time as AOS. The fees for those permits (work and travel) are waived when filed with AOS. The green card could take up to a year depending on your local office, but the EAD/AP card "should" be processed in about 90 days. Good luck!

[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 period of authorized stay while waiting for your green card approval.