Waited too long to file AOS?

[mrmarouka 0]

My wife has a K3 VISA that expires March, 2012. We would have filed much sooner, but we had been through a lot since her arrival in the US. I have been deployed to Afghanistan since October, and in that time we also had our child, so we have had quite a bit on our plate.

I had heard from someone that if you are in the US with a spouse visa and do not file for AOS quickly, you will raise a lot of red flags. I do not know if this is true or not. I always thought you could apply any time between the beginning and expiration of your visa.

So is this true? Or is there no time limit as long as you apply and receive the green card prior to your visa's expiration?

Also, generally how long would it take to get a green card after applying for AOS? Could it be done within four months?

Thanks.

Edited July 2, 2011 by mrmarouka

[Ryan H 3,834]

While I have not seen any hard rule or deadline about when to file for AOS, your wife is technically out of status when the expiration date on the I-94 passes. If your wife's I-94 expiration date had passed, she should not leave the country until the AOS is approved and she has the green card. The valid date on the visa has no meaning anymore once the holder is in the US. I know a K3 is multiple entry but to take advantage of that, she would have had to leave before the expiration date written on the I-94.

My suggestion to you is to file for AOS as soon as you can.

While I have not seen any hard rule or deadline about when to file for AOS, your wife is technically out of status when the expiration date on the I-94 passes. If your wife's I-94 expiration date had passed, she should not leave the country until the AOS is approved and she has the green card. The valid date on the visa has no meaning anymore once the holder is in the US. I know a K3 is multiple entry but to take advantage of that, she would have had to leave before the expiration date written on the I-94.

My suggestion to you is to file for AOS as soon as you can.

[mrmarouka 0]

While I have not seen any hard rule or deadline about when to file for AOS, your wife is technically out of status when the expiration date on the I-94 passes. If your wife's I-94 expiration date had passed, she should not leave the country until the AOS is approved and she has the green card. The valid date on the visa has no meaning anymore once the holder is in the US. I know a K3 is multiple entry but to take advantage of that, she would have had to leave before the expiration date written on the I-94.

My suggestion to you is to file for AOS as soon as you can.

Thank you for your answer! Though, I should have specified what my greatest concern was regarding the AOS in my initial post...

What you are saying is that it is just ill advised to leave the country after her K-3 has expired? We have no plans to leave the US any time soon, and she has stayed in country the whole time she has been here. I have been in Afghanistan for almost a year, so my wife has been living with my mother for the duration of my deployment. I am set to come back home within the next 3 months.

My main concern is her legal status. If we apply for her AOS when I come back home, and it takes longer than her K-3's expiration date, she will not be deported or anything, will she?

[Ryan H 3,834]

Thank you for your answer! Though, I should have specified what my greatest concern was regarding the AOS in my initial post...

What you are saying is that it is just ill advised to leave the country after her K-3 has expired? We have no plans to leave the US any time soon, and she has stayed in country the whole time she has been here. I have been in Afghanistan for almost a year, so my wife has been living with my mother for the duration of my deployment. I am set to come back home within the next 3 months.

My main concern is her legal status. If we apply for her AOS when I come back home, and it takes longer than her K-3's expiration date, she will not be deported or anything, will she?

Since a K3 is a non-immigrant visa, your wife would have had to complete a I-94, it's the date that is written on the I-94 that is significant, not the visa expiration date.

If the date on that is written on the I-94 passes and AOS has not yet been filed for, then she is technically out of status. It is true that she could be detained by ICE if she is found out of status, however, because she is eligible to file for AOS based on being married to you, she would be released by a immigration judge and be told to file for AOS immediately.

[mrmarouka 0]

Since a K3 is a non-immigrant visa, your wife would have had to complete a I-94, it's the date that is written on the I-94 that is significant, not the visa expiration date.

If the date on that is written on the I-94 passes and AOS has not yet been filed for, then she is technically out of status. It is true that she could be detained by ICE if she is found out of status, however, because she is eligible to file for AOS based on being married to you, she would be released by a immigration judge and be told to file for AOS immediately.

OK, thank you.. The expiration date on her I-94 is April, 2012. So when I get back home, we have about six months to apply for her AOS and get a green card. Hopefully that is adequate time.

Thanks again.

[Ryan H 3,834]

OK, thank you.. The expiration date on her I-94 is April, 2012. So when I get back home, we have about six months to apply for her AOS and get a green card. Hopefully that is adequate time.

Thanks again.

Filing for AOS before the expiration date on the I-94 (and having the receipt for the filing) makes said expiration date moot. It will not matter if the AOS is approved after the I-94 expiration date because the filing will have taken place before it expired. In a nutshell, filing for AOS before the I-94 expires will keep your wife "in status."

Best wishes going forward and thanks to you for your military service!

[ATPEACE 43]

Ryan the K3 is a multi-entry visa therefore the OP's wife is not out of status, per say. The OP's wife is here legally until the expiration date on the visa. Therefore they should file for AOS before the expiration date on her visa,

(the 194 does not dictate her legal status in the US).

[Ryan H 3,834]

Ryan the K3 is a multi-entry visa therefore the OP's wife is not out of status, per say. The OP's wife is here legally until the expiration date on the visa. Therefore they should file for AOS before the expiration date on her visa,

(the 194 does not dictate her legal status in the US).

Incorrect. The expiration date printed on a visa means that it is valid for entry into the US until that time. The expiration date a CBP officer writes on the I-94 is how long a person has authorized status in the US. So I will say it again, the date a CBP officer writes on the I-94 is what determines legal status. Staying past the date that is written on the I-94 will equal being out of status.

[ATPEACE 43]

Incorrect. The expiration date printed on a visa means that it is valid for entry into the US until that time. The expiration date a CBP officer writes on the I-94 is how long a person has authorized status in the US. So I will say it again, the date a CBP officer writes on the I-94 is what determines legal status. Staying past the date that is written on the I-94 will equal being out of status.

I say this again read up on a K3...... You donot have to AOS from a K3 until the visa expiration date.

[Ryan H 3,834]

I say this again read up on a K3...... You donot have to AOS from a K3 until the visa expiration date.

I have found no information to support your claim.

A visa DOES NOT GRANT LEGAL STATUS in the US to a person. A visa ONLY ALLOWS A HOLDER TO COME TO A POE AND REQUEST ENTRY. The I-94 is the document issued by CBP that GRANTS LEGAL STATUS to a individual in the US.

[VanessaTony 3,567]

My wife has a K3 VISA that expires March, 2012. We would have filed much sooner, but we had been through a lot since her arrival in the US. I have been deployed to Afghanistan since October, and in that time we also had our child, so we have had quite a bit on our plate.

I had heard from someone that if you are in the US with a spouse visa and do not file for AOS quickly, you will raise a lot of red flags. I do not know if this is true or not. I always thought you could apply any time between the beginning and expiration of your visa.

So is this true? Or is there no time limit as long as you apply and receive the green card prior to your visa's expiration?

Also, generally how long would it take to get a green card after applying for AOS? Could it be done within four months?

Thanks.

I'm sorry but Ryan H has been giving you bad information. A K3 is a multi-entry visa. Your wifes visa is valid for 2 years after entry and she should file AOS in that time. She will need a new medical because her medical has now expired.

Here is some info on the K3: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD This part under "limitations" specifically:

The Department of Homeland Security only admits K-3 or K-4 nonimmigrant visas holders for a 2-year period. K-3 or K-4 nonimmigrant visa holders may apply to USCIS for an extension of status in 2-year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.

For more information, see the “Nonimmigrant Visa for a Spouse (K-3)” link to the right.

Automatic Expiration of a K-3 Nonimmigrant Visa

A K-3 visa holder's authorized stay automatically expires 30 days after any of the following events:

* USCIS denies or revokes the Form I-130 visa petition

* USCIS denies a Form I-485 filed by the K-3 nonimmigrant or Department of State denies the immigrant visa application filed by the K-3 nonimmigrant

* Termination of the marriage through divorce or annulment

Note: A K-4’s authorized stay automatically expires when the K3’s status expires.

So you can see she's still fine so far. File ASAP to try and get it done before her visa expires. Life happens.

Waiting to file AOS for a while doesn't matter. It doesn't throw up red flags. You should be aware though the longer you've been married the more evidence of relationship they will expect.

I have found no information to support your claim.

A visa DOES NOT GRANT LEGAL STATUS in the US to a person. A visa ONLY ALLOWS A HOLDER TO COME TO A POE AND REQUEST ENTRY. The I-94 is the document issued by CBP that GRANTS LEGAL STATUS to a individual in the US.

Please read the link I posted above from USCIS. K3's have 2 years and are LEGALLY PRESENT for the length of their VISA.

You would be correct if talking about a K1, but we're talking about a K3. Different kettle of fish.

Edited July 2, 2011 by Vanessa&Tony

[ATPEACE 43]

Ryan, ^^^^^^^^^ point given...... :whistle: :whistle: :whistle:

[Black Velvet 4]

My wife has a K3 VISA that expires March, 2012. We would have filed much sooner, but we had been through a lot since her arrival in the US. I have been deployed to Afghanistan since October, and in that time we also had our child, so we have had quite a bit on our plate.

I had heard from someone that if you are in the US with a spouse visa and do not file for AOS quickly, you will raise a lot of red flags. I do not know if this is true or not. I always thought you could apply any time between the beginning and expiration of your visa.

So is this true? Or is there no time limit as long as you apply and receive the green card prior to your visa's expiration?

Also, generally how long would it take to get a green card after applying for AOS? Could it be done within four months?

Thanks.

Vanessa & Tony is right. The I-94 has nothing to do with the K-3 visa. Your wife can leave and return to the US as many times as she pleases. She just needs to adjust status (AOS) before the visa expires. Having a child, being deployed to the Middle East are valid reasons why you have not applied for your wife's green card. The same rule applies- you must supply the government with proof of a bonafide marriage. As long as you can do so, there is nothing to worry about. I would apply by no later than December 2011. This gives the USCIS time to complete your paperwork and assign an interview (if necessary). Good luck!