Posted I-485 close to K-1 expiry date.

[jamieg 1]

Hi,

I entered the USA on a K-1 Visa on Nov 17th 2014 which expires on Feb 14th 2015.
We married within the 90 days and got all of the necessary paperwork to put together the I-485 application (concurrently with EAD, AP applications.)

I posted the package a few days ago and UPS tracking showed that USCIS-Chicago received the package Feb 9th 2015.

Does anyone know how long it will take for it to be registered in the system that the I-485 application was received?
Should I be worried that the package was received only a few days of my K-1 visa expiring? (not sure how fast things are processed over there.)

If their documents show that they received the application into the system after Feb 14th does that mean that I'd be staying unlawfully even though I have proof that I posted the documents prior to the expiry of my K-1?

I know that I waited until the last minute, but this whole ordeal has been super stressful and we were waiting for a tax return.



Thank you so much in advance!

Regards,

Jamie

[KayDeeCee 4,893]

It does not matter. There is no deadline to file for AOS as long as you married within 90 days of entry, which you did. You will be in a new period of authorized stay because you filed for AOS and your adjustment is pending. Any tiny amount of overstay you may have will never be an issue.

~ Duplicate topic removed ~

Edited February 10, 2015 by KayDeeCee

[jamieg 1]

Thank you so much!! =)

I've been stressing about this for days!

So it doesn't matter if my I-94 also expires on Feb 14th?

[Barry and Marilyn 0]

My wife entered the US in October 2013 and did almost the same as you.. Got married and sent in the AOS in February 2014. We received the Biometric and completed it in March and waited, waited and waited, too. Finally we received her green card just this January... so took about 11 months from initial filing. During this time her Passport was going to expire, then went to Washington DC and renewed it. Though you (and us) were with expired visa, the processing of the AOS will take care of that since this is the next step in getting a Green Card. Even in DC we had to show everything again, and they even kept her yet to be expired passport left us waiting for the new one which came just a couple of weeks ago. It was renewed in November. I kept teasing her she can not even wander around. No visa, no passport, no ID..hehe..

I had called in September wondering why it took so long and what was the status. I was told it was held up in Tampa, Fl where the Bio was done. In September they were still working on December's Bios, still needed to get to March.. sheesh... Waiting is such a unwanted necessity, but once filed, it is what must be done.

[Ebunoluwa 6,136]

Hi,

I entered the USA on a K-1 Visa on Nov 17th 2014 which expires on Feb 14th 2015.

We married within the 90 days and got all of the necessary paperwork to put together the I-485 application (concurrently with EAD, AP applications.)

I posted the package a few days ago and UPS tracking showed that USCIS-Chicago received the package Feb 9th 2015.

Does anyone know how long it will take for it to be registered in the system that the I-485 application was received?

Should I be worried that the package was received only a few days of my K-1 visa expiring? (not sure how fast things are processed over there.)

If their documents show that they received the application into the system after Feb 14th does that mean that I'd be staying unlawfully even though I have proof that I posted the documents prior to the expiry of my K-1?

I know that I waited until the last minute, but this whole ordeal has been super stressful and we were waiting for a tax return.

Thank you so much in advance!

Regards,

Jamie

Your K1 visa expired with your entrance at POE. Your I-94 expiration is a non issue, you married within 90 days and filed for AOS ......relax !

[jamieg 1]

My wife entered the US in October 2013 and did almost the same as you.. Got married and sent in the AOS in February 2014. We received the Biometric and completed it in March and waited, waited and waited, too. Finally we received her green card just this January... so took about 11 months from initial filing. During this time her Passport was going to expire, then went to Washington DC and renewed it. Though you (and us) were with expired visa, the processing of the AOS will take care of that since this is the next step in getting a Green Card. Even in DC we had to show everything again, and they even kept her yet to be expired passport left us waiting for the new one which came just a couple of weeks ago. It was renewed in November. I kept teasing her she can not even wander around. No visa, no passport, no ID..hehe..

I had called in September wondering why it took so long and what was the status. I was told it was held up in Tampa, Fl where the Bio was done. In September they were still working on December's Bios, still needed to get to March.. sheesh... Waiting is such a unwanted necessity, but once filed, it is what must be done.

Thanks for sharing your experience Barry! Definitely makes me feel better about my situation.. I didn't know it took so long to receive the green card! For some reason I was thinking 3 months for EAD & AP and 3-6 months to receive green card. At least I'll be able to work and visit home with the EAD & AP I guess.

Thanks again!

[jamieg 1]

Your K1 visa expired with your entrance at POE. Your I-94 expiration is a non issue, you married within 90 days and filed for AOS ......relax !

eheh thanks! I'm starting to feel more relaxed now, thanks to your responses!!

[Ashley903 7]

You will be fine--my husband came to the US on Dec 4 2013 and we married on Dec 19th 2013--his I94 expired on March 3 2014 and we did not file for AOS until mid March which was after the expiry date--as the others have said you married your spouse within 90 days which is the condition of the VISA.

We just recently received our approval for AOS a couple of days a go--so relax and let everything fall into place--GOOD LUCK!