proof of legal status

[windycity 1]

Can anyone tell me where law or rule says that NOA1 for I-485, passport with K1 visa, and marriage license are the proof of legal status for K-1 visa holder who married USC within 90 days of entry?

Or USCIS webpage that shows marring USC within 90 days of entry grant lawful stay beyond the date stamped on I-94?

Thanks a lot!

[JoanBill 0]

Can anyone tell me where law or rule says that NOA1 for I-485, passport with K1 visa, and marriage license are the proof of legal status for K-1 visa holder who married USC within 90 days of entry?

Or USCIS webpage that shows marring USC within 90 days of entry grant lawful stay beyond the date stamped on I-94?

Thanks a lot!

Hi!

Here's the link you can check out regarding your concerns: http://www.visajourney.com/faq/k1k2visa-aos.html

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

Hope it helps.

[JoanBill 0]

...What happens if we do not get married within the 90 day validity of the K1 visa?

A.. In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.