I need help... thanks!

[j_e_w_e_l_l_y_n 0]

hello. i just want to know the rules of adjustment of status for a k-1 visa holder.

is it necessary to file the I-485 before the expiration of I-94(90 day period)???

or is it okay to file the I-485 after the expiration of I-94 as long as the k-1 visa holder and petitioner got married within the 90 day period???

thank you.

[YuAndDan 153]

You can file after the 90 days, as long as the marriage happened with in the 90 days. Sometimes people get married a few days before the 90 day limit and have to wait some time in order to get their marriage certificate from their local government office, a copy of the marriage certificate needs to be included in the I-485 package.

[1daysoon 0]

Yes you are correct in the fact that you can file the AOS after the 90 day time frame so long as you got married within it...... The best thing to do though is to mail it as close to the 90 days as you can so that you are not out of status too long

hope this helps

Ange

[j_e_w_e_l_l_y_n 0]

thanks for the ideas/opinions. I'm just a bit worried, because I read a forum where they got married within the 90 day period, but did not apply for I-485 right after the wedding, because the wife got pregnant. People told them as long as they got married within the period,,, you can apply for AOS any time.

They applied for AOS during the 26th month of the wife's arrival in the USA. They had their AOS interview, and the officer told them it'll be necessary to file I-130 and the wife has to return to her country and wait for an interview there(US embassy).

I just don't understand everything!

Expiration of my I-94 was June 26th, but we had to gather all documents needed because we moved from one state to another and did not bring everything with us... we decided to keep all appliances/things at my in-law's place. We had to wait for marriage certificate, and had to call my husband's parents to send documents needed. It took time for them to send everything, because of my husband's junk! We submitted everything in July, and was received by USCIS July 24th. Do you think everything will be okay? awww... I'm just worried, but if i have to leave the country and wait... my husband and I will do it... It's just too hard to understand US law...

[Kathryn41 3,205]

You should be perfectly fine. You filed within a month of the expiry of the I-94 so will only have accrued 30 days out of status. Once you filed your status changed to "AOS applicant'. Ideally, most people try to file before the expiry of the I-94 but a number of people do not for various reasons. I have never heard of someone who has faced the situation you mentioned and I wonder if they actually gave all of the facts when they posted their story. It sounds more like she married someone other than the person who actually sponsored her to the US on the K-1 visa. If that were the case, then yes, she would have to leave the US since she is not allowed to marry anyone other than her sponsor and remain in the US to adjust status. If she married someone else, she would have to be processed for a K-3 or a CR1 from outside of the US, and would need to leave the country to do that. Unfortunately, with more than 12 months out of status she would face an automatic 10 year bar from admission once she left the US and require approval of a hardship waiver in addition to visa before she could return. You, however, should have no problems at all. Good luck.

Edited September 10, 2006 by Kathryn41

[Addie_Goodvibes 0]

You will be fine, don't worry too much as long as you married within the 90 days AOS application will go smoothly

[j_e_w_e_l_l_y_n 0]

Thank you to all of you... you made me feel better... whew!

have a wonderful day.

I agree with you,, goodvibes, i should not think too much about this... It'll just make me crazy! :-D