K1 VISA EXPIRING

[MO.FAISAL 0]

Hello everyone..

I entered in USA June 14 2014 on K1 visa and got married on June 17 2014. Due to some reason my ADJUSTMENT OF STATUS is not applied and my K1 visa will be expired on Sep 13 2014. In this matter plz respond my below ques.

1. Can I still stay in USA, In case if I cannot apply for green card before Sep 13 2014.

2. What documents are required to apply for ADJUSTMENT OF STATUS

3. What form do i need to fill up for ADJUSTMENT OF STATUS.

4. Do i need to provide affidavit of support ?? as my sponsor is out of country.

5. Can I apply after my visa expiry date ??

Looking forward to hear from you guys.

Regards

M.Faisal

[lizascissors 66]

You have to get married to your petitioner before September 13 in order to apply for adjustment of status. That was the stipulation of getting a K-1 visa - you MUST get married within 90 days to adjust status off of the K-1.

So, step one is to get married to your petitioner (I'm assuming you're the beneficiary).

Here's the AOS from K-1 guide: http://www.visajourney.com/content/k1k3aos

[Pitaya 2,577]

~Moved from K1 process to Family-based AOS Forum~

~Inquiry is about AOS process, past K1~

(organizer hat off)

Your K1 visa was a one-time, one-way visa that expired the moment you entered the US at your POE. You current immigration status is determined by the I-94. You need to marry your USC petitioner within 90 days of your entry into the US, that is one of the main requirements of the K1 visa. After you get married, you should submit your AOS application as soon as possible. Read the link provided by the previous posting explaining the AOS process.

Good luck on your immigration journey.

[sweetswinks 400]

Hello everyone..

I entered in USA June 14 2014 on K1 visa and got married on June 17 2014. Due to some reason my ADJUSTMENT OF STATUS is not applied and my K1 visa will be expired on Sep 13 2014. In this matter plz respond my below ques.

1. Can I still stay in USA, In case if I cannot apply for green card before Sep 13 2014.

2. What documents are required to apply for ADJUSTMENT OF STATUS

3. What form do i need to fill up for ADJUSTMENT OF STATUS.

4. Do i need to provide affidavit of support ?? as my sponsor is out of country.

5. Can I apply after my visa expiry date ??

Looking forward to hear from you guys.

Regards

M.Faisal

1. Your K1 visa expired the day you used it at POE, as long as you married within 90 days upon entry with the K1 you are not yet out of status

2. I-485, 2013 tax return, pay stubs, birth certificate of both parties, certified marriage certificate...Read the guides

3. I-485, Read the guides

4. Yes, you need to provide an I-864 to accompany the AOS I-485. Why is your spouse out of the country?! You knew you would need to AOS before you got married.

5. See answer (1.)

Please, please, read the guides. http://www.visajourney.com/content/k1k3aos

[Pinkrlion 2,724]

You dont have to file by September 13th, you are still able to remain the US after that date.

[Hypnos 6,578]

But if they do so the OP will be illegally present in the US, will accrue overstay, and would become deportable.

[sweetswinks 400]

But if they do so the OP will be illegally present in the US, will accrue overstay, and would become deportable.

Says who? Where does it say you must adjust status from K1 within 90 days upon arrival? It states you must get married within the 90 days, says nothing about AOS within that time frame, plenty of people on VJ have reported their AOS after the 90 days (after they have been married DURING that 90 day time frame)

[Hypnos 6,578]

Says me, right up there.

I didn't say there was a deadline to file (there isn't), I said if the OP remained in the US beyond their I-94 date without filing for AoS then they would be illegally present, and all the rest of it. Overstay is not an impedent to being able to successfully file for adjustment for an immediate relative of a US citizen, but if they happened to catch ICE's attention in some way before filing (unlikely, but it's happened before) then they can end up in immigration court under removal proceedings.

[Ahren & Edna 4]

You have to get married to your petitioner before September 13 in order to apply for adjustment of status. That was the stipulation of getting a K-1 visa - you MUST get married within 90 days to adjust status off of the K-1.

So, step one is to get married to your petitioner (I'm assuming you're the beneficiary).

Here's the AOS from K-1 guide: http://www.visajourney.com/content/k1k3aos

The OP clearly stated that they got married to their petitioner soon after arrival.

Edited August 6, 2014 by Ahren & Edna

[Umka36 781]

Being married to a US citizen does not provide any status. Filing the 1-485 does. I'm hoping people know the difference.

[Pitaya 2,577]

Being married to a US citizen does not provide any status. Filing the 1-485 does. I'm hoping people know the difference.

I would certainly hope so (for their sake).

[sweetswinks 400]

Of course I know that only an I-485 will give the OP lawful status, I was referring to the fact there is no AOS time frame set out to do such. If she were to adjust status 130 days after her arrival, way past her 90 days, and she were to stay out of trouble, I still don't see her being deported.

edit: tired eyes typing

Edited August 6, 2014 by sweetswinks

[Hypnos 6,578]

I didn't say they'd be deported either, I said they would become deportable.

[mcuzin1985 13]

1. Your K1 visa expired the day you used it at POE, as long as you married within 90 days upon entry with the K1 you are not yet out of status

2. I-485, 2013 tax return, pay stubs, birth certificate of both parties, certified marriage certificate...Read the guides

3. I-485, Read the guides

4. Yes, you need to provide an I-864 to accompany the AOS I-485. Why is your spouse out of the country?! You knew you would need to AOS before you got married.

5. See answer (1.)

Please, please, read the guides. http://www.visajourney.com/content/k1k3aos

For number 2, that is incorrect. When you submit your AOS you DO NOT need to submit the petiotioner's (USC) birth certificate. When and IF you get an interview, they will ask you to provide a document that shows you are a USC. The IO at my interview asked us for both of our passports. We brought both birth certificates.

I hope this helps.

[Enigma23 68]

Also if I have read up correctly on similar questions... After some point you have to file the I-130 and the I-485, I-765 and I-131 so the new total to pay is $1070 plus the $420 for the I-130... is that correct?