Not eligible for adjustment if "authorized stay expired"? K-1

[NinjaMax 14]

You are not eligible for adjustment of status if any of the following apply to you:

4. Your authorized stay expired before you filed this application;




It says this in the I-485 instructions, im a couple of weeks passed my k-1 expiry date and about to file,

im reading on the forum it dosent matter when you file if you have gotten married within 90 days, im just confused why it says it in there?

[canadian_wife 1,829]

Your K-1 is a single entry visa. The expiration date on the visa was the date in which you HAD to travel to the US. The visa is irrelevant now. What is the date on your i94?

Good luck

[NinjaMax 14]

Your K-1 is a single entry visa. The expiration date on the visa was the date in which you HAD to travel to the US. The visa is irrelevant now. What is the date on your i94?

Good luck

March 6th

[phd1974 17]

You can still file AOS. I filed AOS months after my I-94 expired and still got approved. Just as long as you got married within the 90 day window.

[KayDeeCee 4,896]

You are not reading enough of the instructions that pertain to a K-1 entry. Please see this post > http://www.visajourney.com/forums/topic/506298-what-is-the-real-deadline-for-marriage-and-aos-filing/?p=7137244

[newacct 688]

The form instructions are horribly unclear at describing who is and isn't eligible. As you are in the Immediate Relative category (spouse, under-21 child, or parent of US citizen), whether you are in status or maintained status in the past doesn't matter at all for your eligibility for Adjustment of Status.

[KayDeeCee 4,896]

As the instructions state and are pointed out in the link I posted, they are listed as eligible 'Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen', and the overstay does not matter because it states that as well, mentioning a K-1 specifically. This is why there is no deadline to file for AOS from a K-1. >

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission

[newacct 688]

As the instructions state and are pointed out in the link I posted, they are listed as eligible 'Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen', and the overstay does not matter because it states that as well, mentioning a K-1 specifically. This is why there is no deadline to file for AOS from a K-1. >

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission

Yeah but items #4 (authorized stay expired) and #5 (unauthorized employment) do not mention these exceptions, even though these exceptions also apply to them.