Overstayed i-194, but married within 90 days?

[mano_ragana 0]

Hi All,

My wife just looked and realized her i-194 expired yesterday. We married last week before it expired (within 90 days)

We are trying to discern what the next steps would be?

Do we file i-485?

What about the i-130?

Do we file for a SSN?

I have read that she is okay to stay, as long as she has married within the 90 days. But what to do next is a bit of a mystery.

If you can provide any help, please do.

Thank you!

Edited September 25, 2016 by mano_ragana

[Cheezees 1,514]

[Penguin_ie 5,985]

**** Moving from K1 to AOS from Family Visa forum ******

[Dashinka 23,238]

As Cheezees said, take a look at the guide, and in particular this link, and the example forms which are quite helpful when adjusting from a K1.

http://www.visajourney.com/content/k1k3aos

http://www.visajourney.com/content/examples

http://www.visajourney.com/examples/INS-Form-I-485.pdf

Most people file the I485/I765/I131 together for the AOS (adjustment of status), EAD (employment authorization document) and AP (advanced parole). You don't need the I130, and you will not be able to apply for an SSC until you get the either the EAD combo card or green card.

Congratulations on the marriage and Good Luck with the rest of your journey!

[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.

Someone that enters with a K-1 visa does not file an I-130 for adjustment of status.

Follow this guide for AOS > http://www.visajourn...content/k1k3aos

Read through the instructions found here, especially the form instructions > http://www.uscis.gov/i-485

The fees for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) are waived when filed with a pending I-485, so include both of those too. It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

I-94 is expired, so cannot get the SSN until you receive the EAD or green card.

You need all the supporting documents for each form as well, so read the instructions for each one. You can also search here on VJ for what to include with each form if you get stumped. There are also example forms here on VJ you can look at when filling out the forms. They can be helpful.

And here are the details you need about whether or not you need to see a civil surgeon > http://www.visajourn...-3025-or-i-693/

[mano_ragana 0]

As her K1 visa & I94 expired yesterday we are confused.

Is she now in such a position that she should not do the I485/I765/I131?

Thank you.

Edited September 26, 2016 by mano_ragana

[KayDeeCee 4,891]

Did you not read this? > http://www.visajourney.com/forums/topic/611190-overstayed-i-194-but-married-within-90-days/?p=8321227

The K-1 paperwork does not expire, as far as filing for AOS goes. If you marry within 90 days of entry with a K-1 visa, then you are eligible to file for AOS. As already stated above, there is no deadline.

I am not sure what the confusion is about and why you would not file for AOS. If you are planning on staying and living in the US, then yes, you need to file for AOS. If you do not want to stay and live in the US, then don't file for AOS and move away.

Edited September 26, 2016 by KayDeeCee

[Cheezees 1,514]

It does not appear that you have read the guides or any of the links provided for you. You really need to read them as we cannot understand the process for you. Good luck!

[mano_ragana 0]

KayDeeCee - It appears you had replied while I was replying. As such I did not see your reply until now.

Thank you very much!

[KayDeeCee 4,891]

KayDeeCee - It appears you had replied while I was replying. As such I did not see your reply until now.

Thank you very much!

You are welcome.