My K1 visa is expired but I am waiting on AOS is this a problem?

[sdunford22 1]

Hi my K1 visa expired on January 2nd and I sent in my AOS on December 29th it arrived at the lockbox on the 31st. We took so long to mail it because we had to get the money together. I was told to mail it to Dallas from someone at USCIS customer service however was told 2 weeks later we were supposed to mail it to Chicago and they had no idea why someone would tell me that. It's now been almost a month and I have yet to hear if they've forwarded it to Chicago or if it will be thrown away/ mailed back to me.  I've called almost everyday and keep being told different things. Once it gets sorted out Am I going to have a problem as my visa is expired? No one seems to have an answer for me. Thank you in advance. 

[Scandi 4,171]

You can file for AOS whenever you like, the requirement of the K-1 visa is to get married within 90 days, not file for AOS.

 

And never ever trust anything the USCIS misinformation line tells you, always go by what it says on their webpage.

[sdunford22 1]

Just now, Scandi said:

You can file for AOS whenever you like, the requirement of the K-1 visa is to get married within 90 days, not file for AOS.

 

And never ever trust anything the USCIS misinformation line tells you, always go by what it says on their webpage.

Ok thank you. So even if I am still in the US on my visa I will be ok? 

[Scandi 4,171]

1 minute ago, sdunford22 said:

Ok thank you. So even if I am still in the US on my visa I will be ok? 

If you overstay (ie your i-94 has expired and you haven't yet filed for AOS), that overstay will be forgiven as soon as you do file for AOS. 

 

Your visa expired when you entered the US, it's the i-94 that has expired now in January.

[f f 725]

you can wait but until you file the aos you are technically deportable but it is unlikely. the more relevant issue is that you can not work or get a drivers license so you are stuck at home and dependent on your significant other. this feeling of hopelessness has led some people to break up and want to move home.

 

if you leave the us and the 90 days are up you will get a 3 or 10 year ban which can be solved with a aver but the cr1 processing take a year so you will be stuck outside the us for a year. yes there are cases where they waited after the 90 days to aos and had a family emergency that they had to return for and then had to start over, there is no quick travel authorization until you file for ap with the aos.

 

good luck

[LionessDeon 2,060]

You should be fine.  No one will come looking for you.Once you have proof of your filing (NOA1) it will be better though.  Have they cashed your check?

 

[sdunford22 1]

19 minutes ago, LionessDeon said:

You should be fine.  No one will come looking for you.Once you have proof of your filing (NOA1) it will be better though.  Have they cashed your check?

 

No they haven't. We considered cancelling the money order and re mailing the whole thing but bank said it would take 6-8 weeks for it to even cancel and we unfortunately can't afford to have $1075 on hold until then 

[LionessDeon 2,060]

oh ok. It's tough you'll just have to wait it out and see.  $1,075?  That amount doesn't sound right. Fees went up.  Their supposed to go by postmark date but I saw others post theirs was returned for improper fee. I hope it all works out for you. 

[Ninahi 53]

This USCIS site may be helpful to you https://www.uscis.gov/about-us/directorates-and-program-offices/lockbox-intake/lockbox-intake-processing-tip-sheet

According to this they will forward to the correct lockbox, or return to you. If it doesn't seem to be happening, you can send them additional information (probably including when you sent it, where from, when it was delivered, what type of envelope, what is the return address etc.)

 

The good news is that as long as you married within the 90 day period as allowed by your K1, you're fine.

Like another poster mentioned, you will need approved EAD/AP to work and to travel outside the US. At this moment you can't do either of those.

Other than that you're fine and can continue your life as normal.

[f f 725]

2 hours ago, sdunford22 said:

No they haven't. We considered cancelling the money order and re mailing the whole thing but bank said it would take 6-8 weeks for it to even cancel and we unfortunately can't afford to have $1075 on hold until then 

it would be coming back anyways. the new i485 fee is $1140 and then $85 more for biometrics, for a total of $1225.

 

before it was $1070 for both and even over paying causes it to be sent back sorry.

 

I would recommend against getting a second money order to make up the difference and just get a new one for the full amount.

 

good luck

[Cyberfx1024 7,980]

I agree with the other people and from past experience as well once you fulfill the requirement of getting married within the 90 days you are fine once that expires. You are technically out of status but no one will come looking for you at all, and everything is forgiven once you file for AOS.