married, but K_1 has expired and we are ready to file AOS

[Karena 0]

Hi, we were married within 90 days of entry, but now the K-1 has expired, (on Jan 17th) we didn't have the money to file until now for the AOS. Is this going to be a big problem" what do we do, anything special? Any advice would help!----Karena and Omar (cuba)

K-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate :US Special Interests---Havana

I-129F Sent : 2007-12-21

I-129F NOA1 : 2007-12-31

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 :

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date : 2008-07-17 Submit Review

Visa Received : 2008-07-18

US Entry : 2008-10-05

Marriage : 2008-12-04

Comments : Happy to be married!!!!!

Processing

Estimates/Stats : It seems as though your I129f was approved but you forgot to enter the date. Please update your timeline!

Your interview took 199 days from your I-129F NOA1 date.

Edited February 24, 2009 by Karena

[Kathryn41 3,205]

You will be fine. Your commitment was to get married within the 90 days. While it is best to file for AOS while the I-94 is still valid, it isn't a requirement. You can file anytime you like. The biggest concern is that once the I-94 expires your spouse has no legal status in the US and is accumulating out of status days. Once you file, his status will become "AOS applicant" and he is again legally present in the US. So, get your application in as soon as you can and don't worry that the I-94 has expired. It won't be a problem for the AOS.

(Just a clarification - the K-1 expired the moment your fiance used it to cross the border. It's sole purpose was to allow admission to the US in order to get married within 90 days. Once he crossed the border, the K-1 was used up and was replaced by the I-94 which determined the end of the 90 day period. So, it is the I-94 that is now expired, not the K-1),

[Karena 0]

Thanks.....what a relief, and thanks for the clarification on hat has expeired. we are filing this week!---Karena

You will be fine. Your commitment was to get married within the 90 days. While it is best to file for AOS while the I-94 is still valid, it isn't a requirement. You can file anytime you like. The biggest concern is that once the I-94 expires your spouse has no legal status in the US and is accumulating out of status days. Once you file, his status will become "AOS applicant" and he is again legally present in the US. So, get your application in as soon as you can and don't worry that the I-94 has expired. It won't be a problem for the AOS.

(Just a clarification - the K-1 expired the moment your fiance used it to cross the border. It's sole purpose was to allow admission to the US in order to get married within 90 days. Once he crossed the border, the K-1 was used up and was replaced by the I-94 which determined the end of the 90 day period. So, it is the I-94 that is now expired, not the K-1),