urgent

[menyou 0]

i am here in the us on a k1 fiance visa which will expire by FEB 7th and the wedding will take place on FEB 5th ' only two days earlier ' ,,, according to this we won t file for my AOS and EAD until the next week or so ,,,, my question is , will i still be ligal in this country even though i filed a week after my visa expired ???

another thing is that i ve been told by some people that i have to go to the immigration office in Detroit before my visa expire so they stamp a one year work permit in my passport ,,, IS THIS TRUE ???

thank you so much ,

[john_and_marlene 162]

i am here in the us on a k1 fiance visa which will expire by FEB 7th and the wedding will take place on FEB 5th ' only two days earlier ' ,,, according to this we won t file for my AOS and EAD until the next week or so ,,,, my question is , will i still be ligal in this country even though i filed a week after my visa expired ???

another thing is that i ve been told by some people that i have to go to the immigration office in Detroit before my visa expire so they stamp a one year work permit in my passport ,,, IS THIS TRUE ???

thank you so much ,

Are you going by the date on your visa or the date on your I-94?

After your I-94 expires and until your I-485 is received, you are out of status.

You may apply for work authorization by submitting I-765 which may be filed along with your I-485.

[Boiler 45,411]

i am here in the us on a k1 fiance visa which will expire by FEB 7th and the wedding will take place on FEB 5th ' only two days earlier ' ,,, according to this we won t file for my AOS and EAD until the next week or so ,,,, my question is , will i still be ligal in this country even though i filed a week after my visa expired ???

another thing is that i ve been told by some people that i have to go to the immigration office in Detroit before my visa expire so they stamp a one year work permit in my passport ,,, IS THIS TRUE ???

thank you so much ,

Techinically yes, but a few days is no big issue, I had a gap.

Who are the some people, do not know what they are talking about, all in the Guides.

Edited February 2, 2007 by Boiler

[John & Annie 0]

i am here in the us on a k1 fiance visa which will expire by FEB 7th and the wedding will take place on FEB 5th ' only two days earlier ' ,,, according to this we won t file for my AOS and EAD until the next week or so ,,,, my question is , will i still be ligal in this country even though i filed a week after my visa expired ???

another thing is that i ve been told by some people that i have to go to the immigration office in Detroit before my visa expire so they stamp a one year work permit in my passport ,,, IS THIS TRUE ???

thank you so much ,

You typically get 6 months to enter the country on the K1

You have 90 days to get married from Entry on the K1 Visa, if you do not get married within that timeframe you are considered an overstay, which is forgivable. But you will have negated you K1 and will probably have to refile as a K3. I would check with an attorney on that one.

Once you file for AOS, you may file for EAD concurrently. and No, you can not get the one year stamp upon marriage. That is a misconception.

Yes, you will be legal, but considered "out of status" until you file your I-485, which will then place you with an "adjustment pending" status.

[Boiler 45,411]

You have 90 days to get married from Entry on the K1 Visa, if you do not get married within that timeframe you are considered an overstay, which is forgivable. But you will have negated you K1 and will probably have to refile as a K3. I would check with an attorney on that one.

Horribly wrong, you negated your K1 when you use it, a one trip Visa.

[MichelleandCraig 1]

Right. As has been mentioned, you are *technically* out of status until you file for AOS, but it will be fine as long as you file in a timely fashion...typically meaning as soon as you can. I don't mean by that to let it drag on eons, but..for example...we filed 2 months afterward! I *do not* recommend waiting that long, by the way!, but we were not the only ones to do it (financial reasons for us and many others as well) and we were never even questioned about why we didn't do it immediately. There were no problems in our AOS process. You don't ever want to accrue any out of status time when possible, but you have to accrue 180 days before it will present any major problems to you.

In summary, file as soon as you can,but don't stress over it. Happy wedding day to you! M.