Filing for AOS, Need Help filling out after expired I-94

[Gra and Daniel 0]

I have a couple of issues I want to clear up before I send off my AOS package. Its actually trivial but I want to get a consensus on this. My wife was granted a K1 visa and entered the country Aug 19th. She had until Nov 20 before her visa expired. We were married on Oct 15. Her I-94 expired on Nov 17. So far so good. We married before the 90 days. So, her I-94 expired on Nov 17 and we are now preparing our AOS packet. To my knowledge, she is out of status, which is perfectly fine as long as we are married. Now that we are filling the form I-485, in part 1 - Current USCIS status and Expires On mm/dd/yyyy.

Questions: What is her status? (possibles: K1 Visa Holder, K1 Visa Holder out of status, Out of status, Adjustment Applicant, Adjustment Applicant/K1 Visa Holder)

Expires On? Date of I-94 expiration? Date of K1 visa expiration? Out of status, so no expiration? N/A?

The example form I know has "K1 Visa Holder" and expiration 90 days after entering country which leads me to believe "expires on" is I-94 expiration date. BUT, like I stated before, we are filing after expired I-94 and I am wondering if the example form holds true for expired I-94.

Another question, would my K1 wife have a Nonimmigrant Visa Number yet? If yes, where would I find it? On Visa?

Any help would be greatly appreciated. Thank you.

[Kathryn41 3,205]

Her status is a K-1 visa holder and the expiry date is the day the I-94 expired. Once she files, her status changes to 'Adjustment applicant'. The non-immigrant visa number would be the number that is part of the K-1 visa.

There is no problem in filing after the I-94 expires as long as you were married within that 90 day window. Good luck on the application.

Edited November 30, 2008 by Kathryn41

[Gra and Daniel 0]

Her status is a K-1 visa holder and the expiry date is the day the I-94 expired. Once she files, her status changes to 'Adjustment applicant'. The non-immigrant visa number would be the number that is part of the K-1 visa.

There is no problem in filing after the I-94 expires as long as you were married within that 90 day window. Good luck on the application.

Is the nonimmigrant number the red 8 digit number under the "annotation" section?

[BTalley 0]

I am confused about "non-immigrant visa number."

A "non-immigrant visa" is a visa that someone who does not intend to live here would get. Someone like an athlete visiting the country for a short time.

But a K1 is an immigrant visa, isn't it? So why are they asking for "non-immigrant visa number" when we are petitioning for people who intend to live here?

Or am I making this more complicated than it is?

[DanielParul 50]

K1 is a non-immigrant visa that works as a immigrant visa. The intent is to come to the US for the purpose of getting married and then adjust status based on that marriage. If the marriage does not happen then the visa is no good and the visa holder has to return before I-94 expires (just seen as a visitor then)