k1 visa expired afer being married

[jose_leti 7]

can we still file for employment authorization and advance parole even though k1 visa expired on jan 31 2013. we did get married within 90 days.

thanks

[StarGirl 13]

Technically, K-1 "expires" after the person crosses the border because it is a one time entry visa. At the point of entry the immigrant is being issued a I-94 form which is the authorization of stay until the date printed on it (three months for K-1). After I-94 expires, the alien is out of status, that is why it is strongly encouraged to file for adjustment of status before the expiration.

To answer your question, definitely yes you can and should file for EAD and AP card. It will of no charge if you file them along with your adjustment of status paperwork. Even if you have already filed for AOS, you still can apply for EAD/AP card, in this case, dont forget to enclose the payment.

[JensJrny2Ray 367]

you can apply for those at the same time you apply for adjustment of status and there will be no additional cost.

[Hypnos 6,578]

You should not use AP if it has been more than 90 days between the day your I-94 expired and when USCIS accept for your AoS for processing, as this will trigger a three year bar that AP will not overcome.

Edited March 5, 2013 by Hypnos

[jose_leti 7]

you can apply for those at the same time you apply for adjustment of status and there will be no additional cost.

thanks for claryfying. is this the correct code to use when filing for i765 for question # 16. It says to go and see who may file for i765. i think the right code is c, 9.

[RyRo 47]

yep it is C 9