Erin

Hey again,
I have a question about AOS. My husband came here on Sept 27th ,2003
on a K-1 and we were married one month later. It is now Feb and his 6
month visa expires on March 16th. With me being the only one working
since he does not hold a work permit, money has been tight and we
couldnt afford the AOS fees right away. Will we get in trouble if his
visa expires before Adjusting Status? We are planning on sending it
out this week before it does, but if we had waited till say April or
May after it expires would we be in trouble? Just curious..thanks

~Erin and David

Susanna

I would think Erin that when the visa expires it would meen that he was then out of Status?
But I was told by a lawyer that some people wait years to adjust?
I was also under the assumption that a K1 was intitled to work on entry to the US? if stamped at POE or at S/S office?

I am sure there is someone in the know?

FlyergirlUK

Actually, the visa expired the moment it was used at the POE. The six month date that is on the visa itself just shows how long you were allowed before the visa became invalid.
The I-94 that he should have shows the time within which the visa holder should've got married, (90 days). It is usually advisable to marry and adjust status asap in order to avoid any fall-out with the USCIS.

An SSN and an EAD is required before starting work whether you've entered on a K1 or K3 visa.