Filing for AOS after K-1 expiry

[ScorpioSun 0]

Hey guys, as usual I've been reading some conflicting information online about what is required for AOS on a K-1 visa & need some clarification.

 

I entered the US with my K-1 a couple of weeks back & got married, however the K-1 itself expires pretty soon. As far as I understand, the visa itself is basically irrelevant now that I've entered the US, but I've read in various places online that I need an unexpired K-1 visa in order to file for AOS. This would be pretty inconvenient as mine will expire before I get an SSN, amongst other things.

 

Am I right in thinking that now I'm married I only have to worry about filing for AOS before the I-94 expires? And that the K-1 expiry date has no more relevance now that I'm married & in the US? Or will I need to hurry up & file while the K-1 is unexpired?

[Nitas_man 3,100]

You are correct.  You have to be in the US before the visa expires, married/file for AOS before the I94 expires

[Madao 19]

It doesn't matter since you already entered into the US before the K1 expired.  When you entered into the US, you are issued an I-94 (found online) giving you a 90 day stay.  As long as you are married within the 90 days, you can file AOS without much issues even if after the I-94 expires; although you should get the AOS filed within the I-94 period in order to avoid being out of status.

[aaron2020 11,651]

You don't have a problem.

Your K-1 visa expired the moment you used it to enter the US.  The expiration date is irrelevant once you've used the visa.  As long as you file for AOS within 90 days of entering on your K-1, you will be fine.  

 

 

[payxibka 10,045]

47 minutes ago, ScorpioSun said:

Hey guys, as usual I've been reading some conflicting information online about what is required for AOS on a K-1 visa & need some clarification.

 

I entered the US with my K-1 a couple of weeks back & got married, however the K-1 itself expires pretty soon. As far as I understand, the visa itself is basically irrelevant now that I've entered the US, but I've read in various places online that I need an unexpired K-1 visa in order to file for AOS. This would be pretty inconvenient as mine will expire before I get an SSN, amongst other things.

 

Am I right in thinking that now I'm married I only have to worry about filing for AOS before the I-94 expires? And that the K-1 expiry date has no more relevance now that I'm married & in the US? Or will I need to hurry up & file while the K-1 is unexpired?

Time to move away from the k1 forum and into the AOS forum where your questions are discussed almost everyday day 

[Ontarkie 14,280]

~~Moved to AOS Family K1/K3, form K1 P&P -as the topic is about AOS~~