K1 Expiration date

[sethmichael22 0]

Quick question we need help on....

my fiance (now wife!) entered here into the US on July 28 with her K1 Visa. There are two docs in her passport....there is the I-94 document that is written as a K1 visa and says October 28 as the expiration date....there is also the new page with her US visa which shows an expiration date of January 2012 in it.

We have now been legally married and have certificate and license in hand, and we are about set to get all paperwork sent in, in the next week for AOS and all that good stuff....

but my question is, how long do we have to be able to file for the AOS....is it the October date or the January date? I know with the fiance visa you have 90 days to legally MARRY, but didn't know if it was also 90 days to have all your paperwork submitted for AOS....

Thanks all!!

[Udella&Wiz 325]

The 90 days was from the date she entered as you said - the time you had to get married

The 6 months was from the date Montreal issued the K1 VISA itself - she had 6 months to move and use it.

You technically don't have to file AOS by either of those dates...but logically she is out of status until you do - limbo more or less.....

Most folks file AOS as quickly as possible so they can get back to normal life and be able to work and travel.

[Barbara J 115]

Quick question we need help on....

my fiance (now wife!) entered here into the US on July 28 with her K1 Visa. There are two docs in her passport....there is the I-94 document that is written as a K1 visa and says October 28 as the expiration date....there is also the new page with her US visa which shows an expiration date of January 2012 in it.

We have now been legally married and have certificate and license in hand, and we are about set to get all paperwork sent in, in the next week for AOS and all that good stuff....

but my question is, how long do we have to be able to file for the AOS....is it the October date or the January date? I know with the fiance visa you have 90 days to legally MARRY, but didn't know if it was also 90 days to have all your paperwork submitted for AOS....

Thanks all!!

File AOS as soon as you can so she wont be in limbo and out of status.

[sethmichael22 0]

what happens if you are "out of status" or in limbo?

Does that hold anything up?

(we plan to file within the next 1-2 weeks)

[SapphireDreams 71]

what happens if you are "out of status" or in limbo?

Does that hold anything up?

(we plan to file within the next 1-2 weeks)

Technically, nothing. She just has to wait to get her SSN, bank account (if your bank requires a SSN) and anything else that requires you to have status. She can't work until you get the EAD, which would just take longer if you wait to file AOS, and she can't leave the country until you get AP, which would also be delayed.

It basically just holds up your life if she plans to look for a job, travel and just get settled.

[sethmichael22 0]

ok got it, makes sense!! Thanks everyone, that clears things up

Now, does anyone want to give us $1,000 for filing? ha!