aos and proving your legal to be here?

[robleftca 0]

Okay i'm back wife is good and now we are preparing to do the AOS. I have d/l all the 3 forms g-325a i-864,i-485. What happens when the visa expires? How do we prove we are tring to file for it?

We got a SSI number in her original name not married name because they told us she would be illegal.

So my question is what happens if we got stopped or prove she is still legal to be here??

thanks

robert

[stella1 0]

Okay i'm back wife is good and now we are preparing to do the AOS. I have d/l all the 3 forms g-325a i-864,i-485. What happens when the visa expires? How do we prove we are tring to file for it?

We got a SSI number in her original name not married name because they told us she would be illegal.

So my question is what happens if we got stopped or prove she is still legal to be here??

thanks

robert

Depends of what kind of visa is expired.....

[Otto 83]

Your profile indicates K-1 so the expiration date on that visa is irrelevant - the I-94 in the passport is your proof of legal presence. It (the I-94) should have an expiration date 90-days after entering the US.

Your proof of having filed AOS will be your NOA1/Notice of Receipt which you will get a few weeks after filing.

It sounds like you could benefit from the K-1/K-3 AOS Guide found here.

[robleftca 0]

Your profile indicates K-1 so the expiration date on that visa is irrelevant - the I-94 in the passport is your proof of legal presence. It (the I-94) should have an expiration date 90-days after entering the US.

Your proof of having filed AOS will be your NOA1/Notice of Receipt which you will get a few weeks after filing.

It sounds like you could benefit from the K-1/K-3 AOS Guide found here.

yes sire that is the link i printed out and the part i will follow as guidence for the AOS guide. I have a fiance visa and she has the I-94 and the SSI office said monday she will be illegally here after it expireses. scared us.

[RyaNRiza 1]

yes sire that is the link i printed out and the part i will follow as guidence for the AOS guide. I have a fiance visa and she has the I-94 and the SSI office said monday she will be illegally here after it expireses. scared us.

I filed my AOS 5 months after my I-94 expired and I never had a problem. Maybe you misinterpreted what the SSA people said, or so.

[Otto 83]

yes sire that is the link i printed out and the part i will follow as guidence for the AOS guide. I have a fiance visa and she has the I-94 and the SSI office said monday she will be illegally here after it expireses. scared us.

Technically once the I-94 has expired, her status will be 'Out of Status' - not the same as illegal (which I see as having entered the country illegally, which she did not).

Regardless - you should file the AOS as soon as possible. Once the AOS/I-485 has been accepted by USCIS, her status will be "Pending." which is exactly where most folks are when entering on a K-1, gotten married and filed AOS.

[Scott and Mhay 57]

exactly...she will be out of status....not illegal. If there was any question on that, you can show the marriage certificate. The only requirement of the K-1 was that they have to marry the petitioner within 90 days. So you can marry on the 90th day and still be ok. Just apply to adjust status as soon as practical for you (1010 is quite a bit of money..but hopefully you researched this before hand and knew it was coming).

[I AM NOT THAT GUY 5,715]

Of course, being out of status, she cannot work. And, she cannot travel outside the US, and expect to return. If traveling in the US, she could run into problems, though those can be straightened out after several phone calls and a lot of questions.

[robleftca 0]

exactly...she will be out of status....not illegal. If there was any question on that, you can show the marriage certificate. The only requirement of the K-1 was that they have to marry the petitioner within 90 days. So you can marry on the 90th day and still be ok. Just apply to adjust status as soon as practical for you (1010 is quite a bit of money..but hopefully you researched this before hand and knew it was coming).

Thanks guys i knew you guys would have the anwsers. I thought the same marring her then have a few months to apply for AOS but i read that you have to apply right away. I don't want to take the risk so we will have the money so we might as well do it as soon as we get the birth certificate from her mom that is in the mail.

thanks guys