AOS filing

[Dean_De 61]

Hi guys,

just wanna ask again. we are planning to file my AOS after we settled in Florida so that we can use our new adress and wont go through the complication of changing address. Anyways, by doing so, this just means that we are htiting close to the expiration of my I-94. Will it be a big risk if ever we send the AOS packet only a few days before my I-94 expire? probably say less than a week from its expiration? will that be a problem?

[Dave&Roza 748]

The requirements for the K-1 visa is to arrive in the USA and get married within the 90 day period that the I-94 is valid. Once married, the I-94's expiration date means only that you are now out of status and subject to harrassment by INS should you be detained for some reason. You have no deadline for filing AOS once married on a K-1. There is a hot debate here on VJ about what the procedure is should you pass the 2 year mark of being married and still have not filed for AOS. Until you receive your GC, the I-94 is/was the only evidence of your lawful presence in the USA, however; you do not need to leave once it expires. File for your AOS as soon as you can.

Good luck,

Dave

[Dean_De 61]

The requirements for the K-1 visa is to arrive in the USA and get married within the 90 day period that the I-94 is valid. Once married, the I-94's expiration date means only that you are now out of status and subject to harrassment by INS should you be detained for some reason. You have no deadline for filing AOS once married on a K-1. There is a hot debate here on VJ about what the procedure is should you pass the 2 year mark of being married and still have not filed for AOS. Until you receive your GC, the I-94 is/was the only evidence of your lawful presence in the USA, however; you do not need to leave once it expires. File for your AOS as soon as you can.

Good luck,

Dave

Thanks for the quick reply