Jump to content
RON_NELZ

K1 VISA Adjustment of Status (I-485)

By RON_NELZ in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

 Share

4 posts in this topic

Recommended Posts

RON_NELZ Contributor

RON_NELZ   0

Posted
Filed: K-1 Visa Timeline
Posted

my wife (K1 visa) and i got married last month (April,2014), she arrived here in US last march,2014. her K1 visa will expire on July 29,2014.

as per USCIS we should apply for AOS before her K1 visa expires.. is this true?

what will happen if we weren't able to apply for her AOS on or before her K1 visa expires?

really looking forward for a helpful advice, ideas and informations. Thank you in advance and very much appreciated.

belinda63 Experienced

belinda63   3,047

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

A visa is only permission to enter the US, the K-1 visa was no longer valid as soon as she arrived. The I-94 now dictates how long she can remain in the US in status without filing AOS. There is no penalty for filing for AOS after the I-94 expired but there is the danger of her being detained between the period of the I-94 expiration and receiving her AOS NOA-1. Also she cannot work and probably cannot obtain a driver's license.

baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

my wife (K1 visa) and i got married last month (April,2014), she arrived here in US last march,2014. her K1 visa will expire on July 29,2014.

as per USCIS we should apply for AOS before her K1 visa expires.. is this true? No

what will happen if we weren't able to apply for her AOS on or before her K1 visa expires? Nothing, just can't legally work and won't be allowed back into the US if they leave.

really looking forward for a helpful advice, ideas and informations. Thank you in advance and very much appreciated.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

sweet cakes Proficient

sweet cakes   326

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted (edited)

my wife (K1 visa) and i got married last month (April,2014), she arrived here in US last march,2014. her K1 visa will expire on July 29,2014.

as per USCIS we should apply for AOS before her K1 visa expires.. is this true?

what will happen if we weren't able to apply for her AOS on or before her K1 visa expires?

really looking forward for a helpful advice, ideas and informations. Thank you in advance and very much appreciated.

Her K1 visa expired at POE. I think the expiration date that you are mentioning as seen from the visa is the "last day" she would be admissible to US. The I-94 is what defines her 90-day legal stay in US.

It is highly advisable that she applies for AOS the soonest. Beyond I-94, she is considered out of status and could be detained. Nothing will happen as long as she is not randomly checked by a CBP officer. The possibility though of being caught is very low, but the risk becomes higher at the border.

VJ guide for AOS from K-1: http://www.visajourney.com/content/k1k3aos

Edited by sweet cakes

heart.gif After all, we're all just walking home ...heart.gif

:energy: N-400 in progess ...

 

 

01/14/2013 Filed I-129f

07/31/2013 I-129f NOA2

11/04/2013 Visa Received

11/21/2013 POE: Honolulu .. Aloha!

01/27/2014 Wedding day! (L)

03/11/2014 Filed I-485, I-131 and I-765

05/31/2014 EAD/AP card received

06/27/2014 Green card received

05/12/2016 Filed I-751

05/25/2016 Check cashed

05/26/2016 NOA (Dated 05/16) Received

06/20/2016 Biometric Appointment

05/07/2017 10-year Green card received

N-400

07/02/2018 Filed N-400 online

07/24/2018 Biometric Appointment

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...