I485

[123ken 0]

hello ALL

I just received my passport with my visa stamped on it (Yippee). the visa states that it expires on january 20th 2010.

We plan to get married on Novemebr 7th, and I plan to leave my country of residence(India) on the 20th of August 2009

I understand that we have to get married within 90 days of my entry in th USA.

Now the real question is lets say if we get married on the 7th of November (which is within 90 days of admission to the USA)and apply for i485 after 20th of November(lets say i94 expires on November 20th). will that put me out of status since I am applying after November 20th ?

or does it mean that as long as i fulfill the K1 criteria of getting married within 90 days of admission in the USA, I am safe.

if my visa is valid until January 20th 2010, do I have to leave the country ? If my case is still pending with USCIS, since I have already submitted my I485 petition ?

any help is appreciated

Kennedy

[payxibka 10,047]

if the I-485 is filed you are allowed to remain

[Bobby+Umit 161]

Congrats on the visa.

As long as you file for the AOS prior to your I-94 expiring - you are good to go. (the noa freezes your status).

You are not "safe" entering on a K-1 and getting married. That doesn't matter. Your status is still ticking with the I-94. Only the NOA from the AOS makes you safe. (granted - you still need to marry on the K-1 within the 90 day window upon entry)

Your I-94 is granted for 90 days upon entry - so from what you posted - you would have plenty of time to file the AOS.

Your visa is valid until Jan 2010 - however, once you enter the US, it is "expired", you cannot use it again - this Jan 2010 date just means you have to use the visa prior to that date.

Edited July 21, 2009 by Bobby_Umit