Question about AOS after K-1 visa has expired

[borntwotimes 3]

Hello everyone, I have a question about my fiancee's K-1 visa. We are going to get married the 1st of March and the K-1 visa is set to expire about the end of March. As far as the AOS goes, will it matter if we file after the visa has expired? If so, could we wait two months after the wedding/visa expiry date to file for AOS?

Thanks

[del-2-5-2014 1,339]

If you get married inside of the 90 days (IMHO the earlier the better) then you'll have met the requirements.

Filing 2 months after for AOS has been alleged to be okay on the forum. I wouldn't risk it personally but many here do it.

Congrats on your upcoming wedding.

[agnesb 47]

Hello everyone, I have a question about my fiancee's K-1 visa. We are going to get married the 1st of March and the K-1 visa is set to expire about the end of March. As far as the AOS goes, will it matter if we file after the visa has expired? If so, could we wait two months after the wedding/visa expiry date to file for AOS?

Thanks

There's no problems with that really, the only downside is that foreign spouse wont be able to work, possibly get DL. Other that that there's no set time as to when you have to adjust the status.

[Nich-Nick 3,354]

His visa was over on Jan 10 when he entered the US. Visa expiration date has nothing to do with AOS.

[borntwotimes 3]

Awesome, I appreciate the replies. I just want to make sure we are legally sound and all that.

[FherJess 15]

His visa was over on Jan 10 when he entered the US. Visa expiration date has nothing to do with AOS.

Would it be the I-94 date that the OP is talking about?

[Nich-Nick 3,354]

Would it be the I-94 date that the OP is talking about?

I think he meant visa, but could be. The I-94 would expire around April 10, not end of March. But either way, neither of those dates mandate when AOS must be filed.

[Dave&Roza 748]

Hello everyone, I have a question about my fiancee's K-1 visa. We are going to get married the 1st of March and the K-1 visa is set to expire about the end of March. As far as the AOS goes, will it matter if we file after the visa has expired? If so, could we wait two months after the wedding/visa expiry date to file for AOS?

Thanks

Here are a few threads with the same question:

http://www.visajourney.com/forums/topic/475568-question-about-aos-after-k-1-visa-has-expired/?hl=%2Bexpired+%2Bk%26amp%3B%2382081#entry6759976

http://www.visajourney.com/forums/topic/471419-how-long-after-k1-entry-to-file-aos/?hl=%2Baos#entry6712422

http://www.visajourney.com/forums/topic/467686-gor-married-on-111813-now-what/?hl=%2Bk%26amp%3B%2382081+%2Bexpired#entry6672128

http://www.visajourney.com/forums/topic/446122-adjustment-of-status-i-485employment-authorization-i-765travel-document-i-131/?hl=%2Bk%26amp%3B%2382081+%2Bexpired#entry6421387 (Scroll down to post #5)

http://www.visajourney.com/forums/topic/469524-aos-required-by-end-of-90-day-k-1-period/?hl=%2Bfiling+%2Bfor+%2Baos#entry6691723

As stated above: no time limit to file for AOS.

Good luck,

Dave