AOS

[oldbie215 1]

good day VJ member's..im newly member in this site.I entered here in US thru k-1 visa June of last year.I got married to my foreign fiance last august.And my K-1 visa expired last october.and due to financial status we couldnt able to adjust my status yet.and my husband said maybe we cannot file till the next following months.so im worried and it keeps on bugging me.So my question is what will gonna happen to me?is there a possiblity that the immigration will deport me? and if ever we can file someday do i still need to go to the doctor and change my medical result that i have now from st.lukes?and in what way should i tell my husband that we really need to adjust my status?help is much appreciated..thank u

[Inky 1,110]

Not a K-1 IMBRA topic moving to AOS case and process reports forum.

[Dave&Roza 748]

Your K-1 visa expired the day you used it to enter the USA. The I-94 you received was valid for 90 days--the time period you had to get married by. Now that your I-94 is expired you are out-of-status. Should you have a run in with any immigration type people, they will detain you and haul you in front of an immigration judge. The judge will tell you to fill your AOS ASAP as you are married to a USC under a K-1 visa. The only condition you had to meet was getting married within 90 days. As long as you don't mind not being able to work, have a driver's license, or travelling outside the USA then nothing will happen to you. If you should wait until after you have been married for 2 years, then the AOS is a grey area with a lot of debate as to what you need to do.

One other thing to consider is that the medical for the K-1 is valid for 1 year. After that, you will need to find a Civil Surgeon to do another complete medical and pay that cost. Other than that, there is no stated time limit in which you must file for AOS. I would do it sooner rather than later as it gets you to the next phase of the immigration process and closer to having the USCIS out of your lives.

Good luck,

Dave

[Sean86 31]

Your K-1 visa expired the day you used it to enter the USA. The I-94 you received was valid for 90 days--the time period you had to get married by. Now that your I-94 is expired you are out-of-status. Should you have a run in with any immigration type people, they will detain you and haul you in front of an immigration judge. The judge will tell you to fill your AOS ASAP as you are married to a USC under a K-1 visa. The only condition you had to meet was getting married within 90 days. As long as you don't mind not being able to work, have a driver's license, or travelling outside the USA then nothing will happen to you. If you should wait until after you have been married for 2 years, then the AOS is a grey area with a lot of debate as to what you need to do.

One other thing to consider is that the medical for the K-1 is valid for 1 year. After that, you will need to find a Civil Surgeon to do another complete medical and pay that cost. Other than that, there is no stated time limit in which you must file for AOS. I would do it sooner rather than later as it gets you to the next phase of the immigration process and closer to having the USCIS out of your lives.

Good luck,

Dave

perfect answer good job