Visa expiration dates

[cdy 1]

The fiancé and her two kids entered on 10/20 under a K-1 Visa ( for her & K-2 for them)

The K-1visa expires on April 20th however on her entry stamp on her passport - written in is Jan 17th as an expiration date on the stamp( written by immigration at FLL)

We were married in November and submitting paperwork for change of status this week - we are within the 90 window - just a little concerned about what the 1/17 expiration means.

[Ilovemyman 147]

Dor change status doesnt matter the 90 days.

90 days are important to get marry before the days finish.

The expiration in january mean that k1 finish in january, remember that k1 is valid only for 3 months

[kitthekat 1,317]

Once a K1 visa holder enters the USA, the K1 visa is defunct and their stay is authorised by the I-94 (arrival/departure form) instead. You can ignore the April 20 expiration date on her K1 visa, since she already used it, and it has effectively "expired".

The 1/17 expiration date is for her I-94. For K1s, the I-94 is generally valid for 90 days from entry, during which time the visa holder has to marry the petitioner, or leave the country. You have complied with this, so you are fine.

There is no time limit to file AOS, but, the sooner the better, so that your spouse can work/travel and have legal status in the US.

Congrats on your wedding!

Edited January 2, 2014 by kitthekat

[baron555 934]

The fiancé and her two kids entered on 10/20 under a K-1 Visa ( for her & K-2 for them)

The K-1visa expires on April 20th however on her entry stamp on her passport - written in is Jan 17th as an expiration date on the stamp( written by immigration at FLL)

We were married in November and submitting paperwork for change of status this week - we are within the 90 window - just a little concerned about what the 1/17 expiration means.

That wast the date within which she had to use the visa to enter the US. You're good to go, not to worry.

[KayDeeCee 4,893]

The expiration on the visa does not matter. It is a one time entry visa and became null and void once used. The status of your wife and 2 kids is determined by the I-94. The date it expires is the date stamped in the passports. You need to print out the I-94 info to file for AOS > https://i94.cbp.dhs.gov/I94/request.html

Once the I-94 expires, they will be out of status. There is no deadline to file for AOS though, as long as you married within the 90 days of her entry. Just file soon as you possibly can.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is about filing AOS ~

[cdy 1]

Thanks for the quick reply - we have everything ready to go for the change of status plus the EAD ( and form to allow her to travel in 2015)

The timeline for the AOS is very vague - website says it can take a few months to a couple of years - yikes. The EAD is much shorter - something like 90-120 days.

Hoping to have AOS back and interview in 6-8 months - is this realistic?

[Dave&Roza 748]

Dor change status doesnt matter the 90 days.

90 days are important to get marry before the days finish.

The expiration in january mean that k1 finish in january, remember that k1 is valid only for 3 months

Typically the K-1 visa is valid for 6 months from the date of the medical exam. The April expiration date was the date the OP's fiancée had to enter the US by or it is the valid period for using the K-1 visa. Once a K-1 visa holder enters the US, the K-1 is no longer valid or relevant. The lawful status is determined by the I-94 which was a paper document issued at the POE. Since it is now electronic, the CBP person puts its expiration date into the passport, hence the expiration date in January. Once married the requirements of the K-1 have been fulfilled. Once the AOS is filed the foreign spouse is now in a period of authorized stay. Should the I-94 expire, the foreign spouse is in a period of over-stay until the AOS is accepted by the USCIS. This over-stay is forgiven for the spouse and immediate relatives of USCs.

That is the long winded version to tell you that you have nothing to worry about,

Dave

[Pitaya 2,577]

Thanks for the quick reply - we have everything ready to go for the change of status plus the EAD ( and form to allow her to travel in 2015)

The timeline for the AOS is very vague - website says it can take a few months to a couple of years - yikes. The EAD is much shorter - something like 90-120 days.

Hoping to have AOS back and interview in 6-8 months - is this realistic?

It could be.. ...impossible to determine. A review of recent AOS approvals in the Family-based AOS Progress Forum would reveal that approval times are all over the place. Some folks are selected for interview, some are selected for interview waiver, sometimes a couple of months, sometimes much more.......

That is why it is the general forum recommendation of concurrently applying for the EAD/AP combo card makes sense, at least you can work/travel while the AOS processing slogs along.

Good luck.

Edited January 2, 2014 by A&B