I97 will expire in 2 days before filing aos what will happen?

[babeej 1]

What will happen if I submitted my AOS under K1 2 days before it expire?

[Ralph and Meghan 19]

They will except it. And process it as normal.

[Darnell 8,479]

k1 expire? apologies, it was INVALIDATED at the poe, so not rely (you) on any date in the visa stamp after arrival in USA. [apologies - you wrote of I-97 in topic title, K-1 in body - seems confusing afterwards ]

Now, you are to get an I-94 online, if you not get it prior, and your dates of legal presence are governed by the dates in the I-94.

As to 'when to file the big AOS set' - there is NOT any federal rule for when to file.

The only rule about a K-1 visa is that you're to marry within 90 days of arrival.

Whilst you were here, did you chase after SSN? It's allowed, and useful, during your wait for the EAD.

also - update yer timeline over at

http://www.visajourney.com/timeline/profile.php?id=165722

http://www.visajourney.com/timeline/profile.php?id=165722

http://www.visajourney.com/timeline/profile.php?id=165722

Thanks in advance, and Thanks So Much !

They will except it. And process it as normal.

That's right! Why? Because USCIS doesn't pay attention to the dates printed inside a K-1 visa stamp.

Edited February 5, 2014 by Darnell

[Dave&Roza 748]

What will happen if I submitted my AOS under K1 2 days before it expire?

The expiration date printed on the K-1 visa is the date the beneficiary must enter the US by. Once the beneficiary enters the US on the K-1 it is null and void as it is a one entry visa and has been used. At the POE your passport and visa are scanned and the K-1 visa is stamped and an electronic I-94 is generated. Your legal status in the US is dependent on the I-94. When it expires you are out of status and in a period of over-stay. As a K-1 visa hold you have 90 days, or until the I-94, expires to get married and fulfill the requirements of the K-1. After marriage, you will want to fill for adjustment of status (AOS) for the foreign spouse. There is no time limit to file the AOS. Once the AOS is filed, the foreign spouse is in a period of authorized stay and any over-stay from the I-94 expiring is forgiven. So they will accept your AOS and process it normally as stated above. Even if you had waited 4 years, they would accept the AOS and process it, but you would need to complete a new medical and the foreign spouse could not return from international travel or work legally in the US--so it is best to file the AOS ASAP so the foreign spouse can begin to have a normal life in the US.

Good luck,

Dave

Edited February 5, 2014 by Dave&Roza

[babeej 1]

THANK YOU ALL SO MUCH! Someone from vj message me that they will no longer accept it once the I97 expire....

[merkin&regine 18]

THANK YOU ALL SO MUCH! Someone from vj message me that they will no longer accept it once the I97 expire....

What's I-97?, you meant I-94?, as long as you got married before your I-94 expiration which usually is 90 days after POE. You're OK, file AOS anytime.

But I still prefer filing AOS while on status

[Darnell 8,479]

THANK YOU ALL SO MUCH! Someone from vj message me that they will no longer accept it once the I97 expire....

i hope it's not a personal friend, that you rely on for other advice,

as

that particular advice is dead wrong.

I hope they not offer other advice,

or

that you find you advanced search tool .

[babeej 1]

Thank you Darnell! I message her back and told her she almost gave me a mini heart attack!