My k-1 is almost expired ! Am in in trouble ?

[The415 5]

Hello everyone !

I am a k1 visa holder , I came to the U.S. Almost 3 months ago which means my visa is almost expired.

We got married 2 weeks after my entry but we have not filled the AOS yet because my wife has some issues with her tax transcripts, but we will get them soon.

Should we file before the expiration of my visa then get a RFE because of not submitting the 2014 tax returns? . FYI we have a joint sponsor who is my father-in-law and all his financial support Papers are in hand.

Or should we wait til we get my wife's tax transcripts then file after being out if status? .

I don't want to be deported or something.

Please we need some help because we have found here that they might come get me because I did not apply writhin the 90 days.

Any advice is well appreciated .

Thank you !!!

Edited August 2, 2015 by JAREmorocco

[Shauneg 762]

As long as you got married in 90 days you are ok, you're visa expired the day you got there....the 90 days is just the timeframe in which to get married, technically you are out of status but the likely hood of you getting in trouble is minimal....just file as soon as you get a chance and avoid the borders.

[Pitaya 2,577]

It is good that you got married. Now you have to file your AOS applications As Soon As Possible.

BTW, your K1 visa expired the moment you were processed into the US at your US Port of Entry.

Good luck on your immigration journey.

[KayDeeCee 4,893]

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

ICE will not come looking for you. Just avoid immigration checkpoint areas or public transportation if you are out of status.

[The415 5]

Thank you all so much for your help