Bob

My wife’s K1 visa will expire in 2 days since it will be 90 days since
he arrival. We married one month ago. Do we have to submit AOS papers
before her visa expiration? Thanks for your answere,
Bob

Dan2tx

Bob,

congrats to the both of you newlyweds :-)

You don't have to file before it expires but, it certainly helps a lot to
have the AOS filing behind you. Keep in mind the process will take a
while - the earlier you file, the earlier she gets the legal status
"adjustment of status pending", a working permission, advanced parole, etc.

I know it is hard not to procratinate the legal/authority stuff ;-)

Dan


"Bob" <[email protected]> schrieb im Newsbeitrag
news:[email protected]...
    > My wife's K1 visa will expire in 2 days since it will be 90 days since
    > he arrival. We married one month ago. Do we have to submit AOS papers
    > before her visa expiration? Thanks for your answere,
    > Bob

WiAnSiempre

[QUOTE]Originally posted by Dan2tx
Bob,

congrats to the both of you newlyweds :-)

You don't have to file before it expires but, it certainly helps a lot to
have the AOS filing behind you. Keep in mind the process will take a
while - the earlier you file, the earlier she gets the legal status
"adjustment of status pending", a working permission, advanced parole, etc.

I know it is hard not to procratinate the legal/authority stuff ;-)

Dan


Hi Bob,

Actually, I think I read that the AOS is supposed to be filed before the K-1 visa expires (90 days), however I've also read that some couples have gotten through ok with filing soon after the 90 days. Since you married a month ago, I wouldn't risk it. I would go ahead and file before it expires. Someone correct me if I'm wrong

Good luck and congrats on your marraige,
Angela

jeffreyhy

Bob,

The K1 visa was dead the day she entered. Her K1 status - not the same thing - will end in 2 days.

The sooner she files her I-485 application the better. If she is out of status for more than 180 she should not leave the US for any reason before she becomes a Permanent Resident, even if she does get Advance Parole.

Regards, JEff

Danny Davis

It is not absolutely necessary to file within the ninety days. It is only
necessary to get married within 90 days to become eligible to file for AOS.
It is true that she will be out of K-1 STATUS in two days, but the
conditions have been met. Out of status is not a good place to be but it
does not make you ineligible to apply for AOS. Just get it done ASAP for
you.

I experienced a financial setback at the time I was going to file. My mother
in law in Russia had a severe problem with her teeth and had to have two
surgeries to correct a very dangerous abscess. I was the only one who could
finance this so I put off filing AOS for about four months so Mama could get
her teeth fixed. My wife and step-son just got their AOS approval and 551
stamp.

Good Luck,
Dan
"Bob" <[email protected]> wrote in message
news:[email protected]...
    > My wife's K1 visa will expire in 2 days since it will be 90 days since
    > he arrival. We married one month ago. Do we have to submit AOS papers
    > before her visa expiration? Thanks for your answere,
    > Bob