K1 Expiration

[dhyatt 0]

My wife and I are in the process of putting together her AOS, EAD, and AP. Today is March 19, 2010. Her K1 Visa will expire on April 1, 2010. Should we be concerned ? or will it be ok not to worry about it ?

[lucyrich 20]

I assume she has already entered the US?

The K-1 visa expiration date is just the last date she can use the K-1 visa to enter the US. If she hasn't yet entered the US, she should do so before the K-1 visa expiration date.

Once she enters the US, the visa expiration date is irrelevant.

Her I-94 also has an expiration date, and that becomes the important date after she's in the US, because it determines when her K-1 immigration status expires. The I-94 expiration date should be 90 days after her entry date. You need to marry before the I-94 expiration date. You ought to file the I-485 before the I-94 expiration, as well, to make sure she continuously has valid immigration status, but a small gap doesn't matter as long as she's able to avoid contact with law enforcement/immigration authorities during the gap.

[Donald-n-Analyn 6]

I am only going to mention this because others undoubtedly will too. Your K-1 Visa expired the moment that you used it to enter the US. At that time, your wife was issued a I-94 permit, valid for 90 days. The only firm rule is that you get married within the 90 days. This preserves your ability to adjust status status based on the I-129F and K-1 Visa. You have already married, so you are good there.

USCIS now requires you to apply for an adjustment of status for your wife, from a K-1 non-immigrant entry, to a permanent legal resident (green card holder). This should be done "as soon as possible". There is no real penalty for waiting, it just means that your wife will be "out of status" for a longer period of time. It takes at least 60 days for the adjustment of status (I-485) to be processed. Therefor, most K-1 recipients will be out of status for some period of time.

Most people advocate timing it so that you at least receive the first notice of action (NOA1) on your I-485 before the I-94 expires. In practice, many couples wait much longer, up to a year after entry (9 months after the I-94 expires) to file the I-485. A big disadvantage to waiting any longer than that is that the K-1 medical is only good for 1 year, and if the I-485 is filed more than a year after the medical, another medical exam will be necessary.

It is only taking a week or two to get the NOA1 after filing the properly completed I-485 these days. How you want to time it is entirely up to you. I am just trying to provide a little background information to help you. If you can manage to file the I-485 prior to April first, that would be best. But I wouldn't worry too much if you have to wait a little while.

Good Luck!

[Elghazi2008 4]

Her I-94 also has an expiration date, and that becomes the important date after she's in the US, because it determines when her K-1 immigration status expires. The I-94 expiration date should be 90 days after her entry date. You need to marry before the I-94 expiration date. You ought to file the I-485 before the I-94 expiration, as well, to make sure she continuously has valid immigration status, but a small gap doesn't matter as long as she's able to avoid contact with law enforcement/immigration authorities during the gap.

Just thought I'd point out that law enforcement/immigration authorities have nothing to do with this. They don't have grounds to bother you unless you have over-stayed your welcome by failing to fulfill the requirements of the K-1 visa process within your 90 days. AOS is not a requirement for K-1s who have married within the time limit, although it is advisable.

Her I-94 also has an expiration date, and that becomes the important date after she's in the US, because it determines when her K-1 immigration status expires. The I-94 expiration date should be 90 days after her entry date. You need to marry before the I-94 expiration date. You ought to file the I-485 before the I-94 expiration, as well, to make sure she continuously has valid immigration status, but a small gap doesn't matter as long as she's able to avoid contact with law enforcement/immigration authorities during the gap.

Just thought I'd point out that law enforcement/immigration authorities have nothing to do with this. They don't have grounds to bother you unless you have over-stayed your welcome by failing to fulfill the requirements of the K-1 visa process within your 90 days. AOS is not a requirement for K-1s who have married within the time limit, although it is advisable.

[Danu 19]

Just thought I'd point out that law enforcement/immigration authorities have nothing to do with this. They don't have grounds to bother you unless you have over-stayed your welcome by failing to fulfill the requirements of the K-1 visa process within your 90 days. AOS is not a requirement for K-1s who have married within the time limit, although it is advisable.

Just thought I'd point out that law enforcement/immigration authorities have nothing to do with this. They don't have grounds to bother you unless you have over-stayed your welcome by failing to fulfill the requirements of the K-1 visa process within your 90 days. AOS is not a requirement for K-1s who have married within the time limit, although it is advisable.

I beg to differ. While most people have no issues with being a little over the date or whatever if you did get in trouble with the law and the chose to put your status under check, unless you have started the AOS you are out of status. Its not that they would bother you for no reason but they have every right to look up your status in the states if you should get arrested or something, and thats when issues can happen.

[TBoneTX 45,309]

law enforcement/immigration authorities have nothing to do with this. They don't have grounds to bother you

The Federal government has unlimited time & resources to make our lives miserable as of any moment. The advice by the quoted poster is perilous and wrong. Heed what lucyrich said.