John Schneider

I understand that I am to answer "K1" to the Current INS Status box on the
AOS I-485 application. My wife and I married within the 90 days allowed, but
her K1 visa has since expired. (Thanks to the help from the experts!)

How do I answer the Expires On box? Do I put the date the visa expired? Do I
leave it blank or mark it N/A?

Thank you! - John

Folinskyinla

Hi:

The date stated on the I-94 -- which should've been 90 days after her entry date.

The expiry date of the visa is totally irrelevant to your question and it should be noted that the I-485 form doesn't even ask for it -- it just asks for date and place of visa issuance. If the fiance enters near the end of the visa validity period, the admission will still be for the standard 90 days.

John Schneider

    > The date stated on the I-94 -- which should've been 90 days after
    > her entry date.
    > The expiry date of the visa is totally irrelevant to
    > your question and it should be noted that the I-485 form doesn't even
    > ask for it -- it just asks for date and place of visa issuance. If the
    > fiance enters near the end of the visa validity period, the admission
    > will still be for the standard 90 days.

Hi. Thank you. I mistyped that it was asking for the visa expiration date. I
actually was referring to the box labeled "Expires On" near the box labeled
"Current INS Status". The date our I-94 expired was "Feb 24, 2004". We were
married on Feb 14, 2004. Therefore, I believe that as advised I would fill
in the box "Current INS Status" as "K1" and "Expires On" as "Feb 24, 2004".
I no we are a bit late in filing for AOS, but an attorney told me as long as
we weren't over 180 days since our marriage, it would not pose a problem. I
hope he was correct.

Thanks for your help and please correct me if I am wrong about any of my
suppositions. - John

Folinskyinla

Hi:

The only problem is that if you file after 180 days of expiry is that you can't use advance parole.