K-1 expires while waiting for AoS approval.

[kgo 0]

so my K-1 visa will expire while we are still waiting for our AoS approval.

I can still stay in the country right, because we have gotten married and filed for AoS within 90 days?

I've googled but can't find much - I do suck at searching though. heh

[Hugglebuggles 60]

You're fine, no worries. It is very rare for an AOS petition to be approved before the I-94 expires. Your AOS NOA is your evidence that you are not residing in the US illegally.

[kgo 0]

You're fine, no worries. It is very rare for an AOS petition to be approved before the I-94 expires. Your AOS NOA is your evidence that you are not residing in the US illegally.

Ok thanks so much, bit of a freakout day over here. hah.

That helps greatly.

[Bobby+Umit 161]

so my K-1 visa will expire while we are still waiting for our AoS approval.

I can still stay in the country right, because we have gotten married and filed for AoS within 90 days?

I've googled but can't find much - I do suck at searching though. heh

Hugglebuggles has the correct info concerning your status - but let me correct your understanding of the K-1 visa.

The K-1 only allows you a one-time entry into the US. You can enter that one time prior to the K-1 expiration date. (which you did)

Once you enter, the K-1 is void. The I-94 is good for 90 days after you arrive. The expiration of the K-1 does not factor into this.

Only the I-94 grants you a period of authorized stay in the US, not the visa. (you could have a 10 year visa, but that doesn't grant you the ability to stay in the US for 10 years)

[kgo 0]

Hugglebuggles has the correct info concerning your status - but let me correct your understanding of the K-1 visa.

The K-1 only allows you a one-time entry into the US. You can enter that one time prior to the K-1 expiration date. (which you did)

Once you enter, the K-1 is void. The I-94 is good for 90 days after you arrive. The expiration of the K-1 does not factor into this.

Only the I-94 grants you a period of authorized stay in the US, not the visa. (you could have a 10 year visa, but that doesn't grant you the ability to stay in the US for 10 years)

thank you! now here's hoping uscis already has my vaccination supplement (accidentally gave it with my medical report at the PoE).. rfe would suck with only 20ish days left on my I-94 ;p

[HeatDeath 430]

so my K-1 visa will expire while we are still waiting for our AoS approval.

I can still stay in the country right, because we have gotten married and filed for AoS within 90 days?

I've googled but can't find much - I do suck at searching though. heh

Short answer: yes.

Long answer: There are several expiry dates encountered in the K-1 visa process.

The first is the expiry date of your I-129F approval. After your initial petition is approved, you have until your I-797 expiration date to apply for and receive your K-1 visa. This expiration date usually doesn't matter. Most consulates will automatically extend this date if it happens to pass while you are in the process of applying for your visa.

The second is the expiry date written on your K-1 visa itself. This date has nothing to do with when you have to get married, how long you can stay in the US, or when you have to adjust status. This date is 6 months from the issuing date of the K-1 visa, and specifies the date you have to enter the US by. Once you have used your K-1 visa to enter the US, this date is completely irrelevant. So yes, if you entered the US prior to the expiration of your K-1 visa, and married within 90 days, you can still adjust status.

The third expiry date is on the I-94 you are issued when you enter the US. With a K-1 visa, this date is 90 days after you enter the US. The conditions of a K-1 visa state that you have to marry the US citizen named on the K-1 visa within that 90 day period, or you (like every other alien who enters the US on a visa of any kind) have to leave by the expiry date of your I-94. If you have married the US citizen named on the K-1 visa, you do not have to leave at the end of that 90 day period. Note that the expiry date on the I-94 is not the date you have to file AOS by (though it is highly recommended, for a variety of reasons) let alone the date you have to have your green card by (utter impossibility, but I've seen people here with that misconception). It is ONLY the date you have to be married by. If you have not married, you must leave the US at or before this date. If you HAVE married, you can stay beyond the expiry of your I-94, and adjust status.

Note: if you do not file AOS before the end of your 90 day I-94, you will begin accumulating out of status days. You will continue accumulating them until you file for adjustment of status. While out of status days are virtually always forgiven when your adjustment of status is approved, accumulating more than 180 out of status days will cause you to incur a multi-year ban on reentering the US. Accumulating more than a year of out of status days gets you a ten year ban. [Obviously, if you have anything like this many out of status days, you should NOT leave the US FOR ANY REASON WHATSOEVER until your AOS is approved and you have paper documentation that your out of status days are forgiven.] Furthermore, if you happen to interact with federal law enforcement while out of status, they have the right to make your life far more complicated than you would generally like. So try to keep out of status days to a minimum.

Once you file for AOS, you stop accumulating out of status days, and can remain in the US until your AOS case (and any necessary appeals, G-d forbid!) is decided, one way or the other.

Hope this helps.

[kgo 0]

Short answer: yes.

Long answer: There are several expiry dates encountered in the K-1 visa process.

The first is the expiry date of your I-129F approval. After your initial petition is approved, you have until your I-797 expiration date to apply for and receive your K-1 visa. This expiration date usually doesn't matter. Most consulates will automatically extend this date if it happens to pass while you are in the process of applying for your visa.

The second is the expiry date written on your K-1 visa itself. This date has nothing to do with when you have to get married, how long you can stay in the US, or when you have to adjust status. This date is 6 months from the issuing date of the K-1 visa, and specifies the date you have to enter the US by. Once you have used your K-1 visa to enter the US, this date is completely irrelevant. So yes, if you entered the US prior to the expiration of your K-1 visa, and married within 90 days, you can still adjust status.

The third expiry date is on the I-94 you are issued when you enter the US. With a K-1 visa, this date is 90 days after you enter the US. The conditions of a K-1 visa state that you have to marry the US citizen named on the K-1 visa within that 90 day period, or you (like every other alien who enters the US on a visa of any kind) have to leave by the expiry date of your I-94. If you have married the US citizen named on the K-1 visa, you do not have to leave at the end of that 90 day period. Note that the expiry date on the I-94 is not the date you have to file AOS by (though it is highly recommended, for a variety of reasons) let alone the date you have to have your green card by (utter impossibility, but I've seen people here with that misconception). It is ONLY the date you have to be married by. If you have not married, you must leave the US at or before this date. If you HAVE married, you can stay beyond the expiry of your I-94, and adjust status.

Note: if you do not file AOS before the end of your 90 day I-94, you will begin accumulating out of status days. You will continue accumulating them until you file for adjustment of status. While out of status days are virtually always forgiven when your adjustment of status is approved, accumulating more than 180 out of status days will cause you to incur a multi-year ban on reentering the US. Accumulating more than a year of out of status days gets you a ten year ban. [Obviously, if you have anything like this many out of status days, you should NOT leave the US FOR ANY REASON WHATSOEVER until your AOS is approved and you have paper documentation that your out of status days are forgiven.] Furthermore, if you happen to interact with federal law enforcement while out of status, they have the right to make your life far more complicated than you would generally like. So try to keep out of status days to a minimum.

Once you file for AOS, you stop accumulating out of status days, and can remain in the US until your AOS case (and any necessary appeals, G-d forbid!) is decided, one way or the other.

Hope this helps.

wow thank you so much, hugely helpful! really appreciate the detailed info. seems we shall be fine!