K2 VISA Validity for change of status

[ysavel 0]

Hello everyone,

I am a bit confused about which validity dates in our passport (mine and son) are valid in relation to the filing of my son's change of status. The US VISA stamped on the passport has an issued date of July 8 2014 and will expire on Nov 9 2014. However, upon arrival to the US on July 18 2014, the immigration stamped an expiration date of Oct 15 2014 -- (which is 90 days period).

Which date should we based on for applying my K2 son's change of status? The Nov 9 based on his K2 Visa? Or the Oct 15 that is based on a 90-day period from date of entry to US?

I was asking this because my husband is out of the country for work, and we will only be able to file for my son's change of status by end of October when my husband comes home.

Side notes:

- son is 20 years old, turning 21 in Dec

- got married in August, and we've filed my change of status same month.

- just worried about my son's since we cannot file for his change of status until end of Oct.

Thanks in advance.

[Hank_ 9,174]

Hello everyone,

I am a bit confused about which validity dates in our passport (mine and son) are valid in relation to the filing of my son's change of status. The US VISA stamped on the passport has an issued date of July 8 2014 and will expire on Nov 9 2014. However, upon arrival to the US on July 18 2014, the immigration stamped an expiration date of Oct 15 2014 -- (which is 90 days period).

passpoentry.jpg

Which date should we based on for applying my K2 son's change of status? The Nov 9 based on his K2 Visa? Or the Oct 15 that is based on a 90-day period from date of entry to US?

I was asking this because my husband is out of the country for work, and we will only be able to file for my son's change of status by end of October when my husband comes home.

Side notes:

- son is 20 years old, turning 21 in Dec

- got married in August, and we've filed my change of status same month.

- just worried about my son's since we cannot file for his change of status until end of Oct.

Thanks in advance.

The date on the visa means nothing once you clear POE and are now in the USA (the visa was invalidated the second you entered the USA), legal status for being in the USA is with the I-94, which is the 90 days.

With that being said, there is nothing that required AOS to be started within those 90 days, so no issue to wait.

[ysavel 0]

Hi Hank,

What will happen if the AOS will be filed after those 90 days? Except for being out of status, will there be a penalty fee? Thanks.

[Darnell 8,478]

there is no rule when to file for AOS.

There is only a rule for when to get married.

Get married within the 90 days from POE date? all is good !

as to AOS and status - for you and your son, sooner is better - able to fully participate in USA society, otherwise not.

[Hank_ 9,174]

Hi Hank,

What will happen if the AOS will be filed after those 90 days? Except for being out of status, will there be a penalty fee? Thanks.

No penalty. But the sooner AOS is completed, the sooner one does not need to carry their passport when leaving the house..

Hmm, you say you aren't doing that? CBP says that is required

[ysavel 0]

Hmm, you say you aren't doing that? CBP says that is required

We will do that but it's not going to be within the 90-day based on I-94. Will be 10 days later the most

[Hank_ 9,174]

We will do that but it's not going to be within the 90-day based on I-94. Will be 10 days later the most

Not referring to AOS, I was referring to carrying your passport when you leave the house.

No issue not filing AOS immediately, 10 days is nothing.

[Darnell 8,478]

I am a bit confused about which validity dates in our passport (mine and son) are valid in relation to the filing of my son's change of status.

alas - there is no linkage between any dates in the passport

and

status , filing for adjustment of.

None whatsoever.

The K1 and K2 are single use visas - you were to come into the usa sometime between the two dates printed on the visa foil and

any date stamped at the POE only governs lawful presence after POE event.

Once you arrive, dates printed on VISA FOIL not matter.

After you arrive, legal presence governed by the I-94.

After marriage, file the AOS set - anytime you wish. Out of status? no worries, as the 'perceived overstay' is automagically forgiven once the green card is issued

and

is best to chase after EAD card on both of you, fee is waved when filing the big AOS set on form I-765.

As a K-1 visa holder, you get a SSN at a SSA office anytime 74 days after POE event but

A K-2 visa holder needs the EAD first, SSN not issued to him/her unless have EAD in hand.

[i hope that cleared up lots]

[ysavel 0]

Oh thank you Hank and Darnell. You guys are really helpful