Help with AOS

[kks 0]

Hi All,

My finance got her K1 in April, however due to family reasons she couldn't make it to the US till early July. We got married in early Aug and are now ready to file for her AOS. However, her Visa expires in the first week of October. I read somewhere that its ok if she stays in the country after her visa expiration date as long as we get married before that date. Is that correct? Also, once we file for AOS, will she get anything from the USCIS acknowledging status change request so she can be considered legal? Please let me know. Thx.

[Old Dominion 26]

Hi All,

My finance got her K1 in April, however due to family reasons she couldn't make it to the US till early July. We got married in early Aug and are now ready to file for her AOS. However, her Visa expires in the first week of October. I read somewhere that its ok if she stays in the country after her visa expiration date as long as we get married before that date. Is that correct? Also, once we file for AOS, will she get anything from the USCIS acknowledging status change request so she can be considered legal? Please let me know. Thx.

The NOA (receipt) for the AOS application will be accepted as evidence that she is here legally. In some states, that is all she would need to obtain a driver's license or at least an official photo ID.

[pushbrk 13,173]

Hi All,

My finance got her K1 in April, however due to family reasons she couldn't make it to the US till early July. We got married in early Aug and are now ready to file for her AOS. However, her Visa expires in the first week of October. I read somewhere that its ok if she stays in the country after her visa expiration date as long as we get married before that date. Is that correct? Also, once we file for AOS, will she get anything from the USCIS acknowledging status change request so she can be considered legal? Please let me know. Thx.

K1 visas are dead on arrival in the US. The visa expiration date is thereafter, meaningless. She should have an I-94 that expires 90 days after entry. As long as you marry within the 90 days, you've complied with the terms of the visa and she's "legal".

Once you file AOS, the NOA1 is your only documentation until either AP or EAD are received or AOS is complete.