Filing for AOS but with a problem ?

[tomcat 0]

Finally we are filing for AOS and looking over her visa attached to her passport i noticed there was an expiration date on 12-02-2008 never noticed it in the past .

is this an issue that her visa will expire in the next few weeks is there a fix .

due to financial problems in the past few months we are filing now

[keweul 1]

I'm sure they've already noticed it and don't think that's a problem..the most important thing is that you guys are married...I think the expiration on the visa is the date you had to be married by (if i'm wrong someone plz correct me) and I think the visa is a 1 time use thing anyway...so you're fine

[Nich-Nick 3,354]

The K1 Visa is good for 6 months. You have 6 months to enter the US on it, which she did. It's a one time use visa, so you're basically done with that visa anyway. It got her here to get married and remain while she adjusts status. If she leaves the country, she's not allowed to re-use it to get back in. The thing that allows her to stay and be legal past the 90 days term written on her I-94 is marriage to you and filing for AOS. She can file for EAD and AP at the same time for the filing fee of the AOS....3 for the price of 1. The AP Advance Parole is the document that would allow her back in the country if she left for some reason, but you need to have it in hand prior to leaving the US. When you file for the three things, treat each like totally separate applications and read the instructions for each to know the supporting documents to submit. For example each calls for 2 passport photos, so that's 6 photos she will need. Put the AOS, EAD, and AP applications and supporting documents together separately, but mail in one envelope with one check for the fee.

[mary'n'ev 0]

As long as you were married while the I-94 was valid, you will have little trouble when filing to adjust.

Note, you're out of status once your I-94 expires (dec.2) and won't be "in status" until your file to adjust and receive your NOA1. Like Nich-Nick said, don't leave the country unless you have an approved Advanced Parole document or your green card.

Good luck!