File AOS after K1 Visa/I-94 expired Possible?

[Merrytooth 5,748]

I am foreign fiancee of US Citizen. I entered US on 24th Dec 2009 on K1 Visa. Due to work emergency, I have to leave US before getting married, on 18th Jan 2010. It was really unfortunate because we didn't know if I can still enter back US on K1 visa again. OR we need to restart the K1 I-129F petition again.

After searching forums online, managed to get the information about reissuance of K-1 Visa.

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a 6-month period, has already been

used for admission into the United States and the alien fiancé(e) has

returned abroad prior to the marriage, the consular officer may issue a new

K visa, provided that the period of validity does not exceed the 90th day

after the date of initial admission of the alien on the original K visa and

provided also that the petitioner and beneficiary still intend and are free to

marry. The alien’s return to the United States and marriage to the petitioner

must take place within 90 days from the date of the original admission into

the United States in K status.

I applied for the reissuance of K-1 Visa at my country Singapore US Embassy. Before that I have to resubmit all the forms and documents based on the K1 visa checklist again => I-134 Affidavit of Support, New Police Record and New Medical Report. Freaking nervous attending the interview US embassy, expecting the worst.

However, after intense questioning, US Embassy agreed to re-issue me K1 Visa. Will be collecting my passport next week.

Based on the rule of Reissuance of K-1 Visa: My Fiance and I have to get married within 90 days from my original admission into US (24th Dec), meaning get married before 23th March 2010. I can only travel on 14th March.

Application for Marriage License in Minnesota needs 5 waiting days. I think we could manage to get married within the K1 90 days limitation.

I got confusing information regarding about adjustment of status after marriage from various forums / website.

Must I file for AOS (I-485) before K1 / I-94 expired? which I think is not possible for my case due to so tight schedule and it take time to collect all the necessary documents before filing I-485 and I-864.

Some said it is ok to to file AOS (I-485) even if I-94 / K1 has expired as long we got married within the K1 visa stated 90 days limitation.

Which one is correct about filing AOS(I-485)?

What will happen since I will be out of status (illegal) then?

After weeks of constant worried about the reissuance of K1 visa for travel back to US, I am now very stressed up over the application of AOS in time before K1 and I-94 expired.

Please advise! Thank you!

[john_and_marlene 162]

I am foreign fiancee of US Citizen. I entered US on 24th Dec 2009 on K1 Visa. Due to work emergency, I have to leave US before getting married, on 18th Jan 2010. It was really unfortunate because we didn't know if I can still enter back US on K1 visa again. OR we need to restart the K1 I-129F petition again.

After searching forums online, managed to get the information about reissuance of K-1 Visa.

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a 6-month period, has already been

used for admission into the United States and the alien fiancé(e) has

returned abroad prior to the marriage, the consular officer may issue a new

K visa, provided that the period of validity does not exceed the 90th day

after the date of initial admission of the alien on the original K visa and

provided also that the petitioner and beneficiary still intend and are free to

marry. The alien’s return to the United States and marriage to the petitioner

must take place within 90 days from the date of the original admission into

the United States in K status.

I applied for the reissuance of K-1 Visa at my country Singapore US Embassy. Before that I have to resubmit all the forms and documents based on the K1 visa checklist again => I-134 Affidavit of Support, New Police Record and New Medical Report. Freaking nervous attending the interview US embassy, expecting the worst.

However, after intense questioning, US Embassy agreed to re-issue me K1 Visa. Will be collecting my passport next week.

Based on the rule of Reissuance of K-1 Visa: My Fiance and I have to get married within 90 days from my original admission into US (24th Dec), meaning get married before 23th March 2010. I can only travel on 14th March.

Application for Marriage License in Minnesota needs 5 waiting days. I think we could manage to get married within the K1 90 days limitation.

I got confusing information regarding about adjustment of status after marriage from various forums / website.

Must I file for AOS (I-485) before K1 / I-94 expired? which I think is not possible for my case due to so tight schedule and it take time to collect all the necessary documents before filing I-485 and I-864.

Some said it is ok to to file AOS (I-485) even if I-94 / K1 has expired as long we got married within the K1 visa stated 90 days limitation.

Which one is correct about filing AOS(I-485)?

What will happen since I will be out of status (illegal) then?

After weeks of constant worried about the reissuance of K1 visa for travel back to US, I am now very stressed up over the application of AOS in time before K1 and I-94 expired.

Please advise! Thank you!

The adjustment of status will be accepted even after the I-94 expires. As long as you get married before the expiration, you can still adjust status based on the K-1 entry. You will just be out of status for a few days until your adjustment application is received.

[Bernie C 24]

Below is a blurb from the Questions and answers section here in VJ. It is pretty common for AOS to be filed after the 90 days. As it says, it can be difficult to get married and get everything done in time to apply for AOS.

I am glad to hear that you got your visa reissued, its always so great to hear good news following a difficult time. I have been a nervous wreck myself and we dont have any of the additional stress to deal with like you.

Don't get to freaked out! As soon as you get back, get you marriage liscence and have a civil ceremony. This will allow you to move forward and keep things progressing in the right direction. You can always have a traditional wedding later if you want (that is what we are going to do). The weeks are flying by and my finacee still has to get vaccinations.

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.

Also - dont forget about you SS Card. If you dont need it for the marriage liscence you may want to apply right away after your wedding so you dont have to change the name (if your going to change it).

Best Wishes to you both! Hang in there and things will be ok!

[john_and_marlene 162]

Also - dont forget about you SS Card. If you dont need it for the marriage liscence you may want to apply right away after your wedding so you dont have to change the name (if your going to change it).

They will not be able to get a SS Card until she has EAD or GC. If she arrives on the 14th, her I-94 will expire after 10 days. There must be at least 14 days remaining of the I-94 to apply for the SS card based on K-1 entry.

[M.O 6]

As long as you get married before the expiration, you can still adjust status based on the K-1 visa

[Merrytooth 5,748]

Thanks all of you for the answers.

I have social security number as I have worked in US from 2005 to 2008 under J1 visa and H1B visa.

I understand that I have to inform Social Security Administration after AOS is approved, of the status change and get the unresticted SSN card.