K-1 AOS Question

[italiano19 0]

Hello all,

I'm not sure if I am posting this in the write location it is an AOS question. My question is this my once fiancee now wife, is here on a K-1 Visa the I-94 expires the second week of June so at what point in the AOS process is she not required to leave the country? I am under the impression that with 3 months to get married once she is married is there an extension since the AOS process can take some time?

*Would we need the AOS NOA1 that give her an extension?

*If the AOS process takes longer than the second week of June (expired I-94) is she at that point required to leave the country again upon receipt of a green card?

Thanks for the information

Edited April 13, 2010 by italiano19

[payxibka 10,045]

Hello all,

I'm not sure if I am posting this in the write location it is an AOS question. My question is this my once fiancee now wife, is here on a K-1 Visa the I-94 expires the second week of June so at what point in the AOS process is she not required to leave the country? I am under the impression that with 3 months to get married once she is married is there an extension since the AOS process can take some time?

*Would we need the AOS NOA1 that give her an extension?

*If the AOS process takes longer than the second week of June (expired I-94) is she at that point required to leave the country again upon receipt of a green card?

Thanks for the information

She can leave anytime she wants but if you want her to be able to return then she needs to have APPROVED Advance Parole in her hands BEFORE she leaves. This form (I-131) is filed at the same time or after you submit the application for her greencard (I-485).

The APPROVED Advance Parole is NOT the NOA1 but the actual approved document

Edited April 13, 2010 by payxibka