AOS and Visa Expiry Date

[Tween 10]

I know this is probably a really basic question, but I arrived in the US on a K1 visa on 13th Oct, so my 90 days is up on the 10th Jan. We got married at the end of October and filed the AOS forms, which have been received (we've got our I-797s for the I-485, I-765, and I-131). None of the I-797s had anything about my current visa status on them, so am I right in thinking I can stay in the US until we have a decision on the AOS, even though my K1 visa expires in a couple of weeks?

[Hypnos 6,576]

Yes.

Your K-1 visa already expired; it is a single-use visa and expires the moment you pass through CBP at the airport.

[Tween 10]

Heh, my I-94 then. I can't keep all these numbers straight in my head thanks!

[nobbie 105]

you're fine, just wait

[Dave&Roza 748]

I know this is probably a really basic question, but I arrived in the US on a K1 visa on 13th Oct, so my 90 days is up on the 10th Jan. We got married at the end of October and filed the AOS forms, which have been received (we've got our I-797s for the I-485, I-765, and I-131). None of the I-797s had anything about my current visa status on them, so am I right in thinking I can stay in the US until we have a decision on the AOS, even though my K1 visa expires in a couple of weeks?

As a K-1` visa holder, you enter the US and the visa is not longer valid--as stated above it is a single use visa for the purpose of getting married to a USC. When you entered the US the CBP entered your information and you have an I-94 record that expires in 90-days--the time you need to get married by. Once you get married, you have fulfilled the requirements of the K-1 visa. You are not allowed to work in the US without an employment authorization document (EAD or green card (GC)) and if you leave the US without the GC or Advance Parole (AP), you will not be allowed to re-enter the US and will have to start the whole immigration journey over by applying for a spousal visa (CR-1/IR-1).

You get the AP/EAD by completing the I-131 and I-765 forms along with your adjustment of status (AOS) using the I-485. There is no time limit is filing these forms, but you cannot work and you cannot re-enter the US until you receive the proper documentation. Also, you can find yourself detained by the CBP at one of the internal check points as you are out-of-status until you receive your NOA (I-797) for the AOS. Once you have that, you are in a period of authorized stay until the I-485 is either approved or denied. Once the I-485 is approved, you will receive your GC which will be valid for 2 years. You will need to file for removal of conditions (ROC) during the 90-day period before the GC expires--be sure to keep records of your lives together from the date of the marriage to the date you file the I-751. Your LPR status expires when the conditional GC expires and you will receive an I-797 NOA which will extend your LPR status for 1-year while they work on the I-751 application. (the above is for those that have the same question, but have yet to file the AOS).

The short answer to your question is that you are in a period of authorized stay and you MUST remain in the US until you receive the AP/EAD or GC. To leave the US puts your application in jeopardy. If you find yourself near one of the borders, carry the NOA with you to show that you have filed for AOS. The CBP may still give you a hard time. Hell, they give USCs a hard time depending on the quality of coffee they have had that day especially near the Southern Border.

Dave

[Tween 10]

Heh, thanks. That's all what I thought, it was just paranoia setting in as the date in my passport drew nearer