Jump to content

My k-1 is almost expired ! Am in in trouble ?

5 posts in this topic

Recommended Posts

Hello everyone !

I am a k1 visa holder , I came to the U.S. Almost 3 months ago which means my visa is almost expired.

We got married 2 weeks after my entry but we have not filled the AOS yet because my wife has some issues with her tax transcripts, but we will get them soon.

Should we file before the expiration of my visa then get a RFE because of not submitting the 2014 tax returns? . FYI we have a joint sponsor who is my father-in-law and all his financial support Papers are in hand.

Or should we wait til we get my wife's tax transcripts then file after being out if status? .

I don't want to be deported or something.

Please we need some help because we have found here that they might come get me because I did not apply writhin the 90 days.

Any advice is well appreciated .

Thank you !!!

Edited by JAREmorocco

Share this post

Link to post
Share on other sites

As long as you got married in 90 days you are ok, you're visa expired the day you got there....the 90 days is just the timeframe in which to get married, technically you are out of status but the likely hood of you getting in trouble is minimal....just file as soon as you get a chance and avoid the borders.

Share this post

Link to post
Share on other sites

It is good that you got married. Now you have to file your AOS applications As Soon As Possible.

BTW, your K1 visa expired the moment you were processed into the US at your US Port of Entry.

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca


:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post

Link to post
Share on other sites

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.

ICE will not come looking for you. Just avoid immigration checkpoint areas or public transportation if you are out of status.

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.