Visa expiration

[rebeccahv09 0]

Hello,

My husband and I just got married and noticed that his visa has two expiration dates. One expires 90 days after POE which will be next week, The other expiration is in six months from POE. We are getting ready to send AOE today and I am worried about not getting the paperwork in on time since one of the expirations is next week!!!! Please help!!

[Pitaya 2,577]

Your timeline is vacant. When you get a chance, It helps everyone that uses, or is helped by the forum.

What type of visa are you speaking about?

[rebeccahv09 0]

Oh I am sorry, I will get my timeline updated. I am talking about fiance K-1 visa

[LionessDeon 2,060]

AOE? Do you mean AOS?

[rebeccahv09 0]

Yes, that's what I meant.

[IcezMan_IcezLady 582]

still waiting for your timeline

[Pitaya 2,577]

The K1 visa is a one-way one-time visa that was cancelled the moment the K1 fiance(e) was processed by the CBP at the US Port of Entry. The immigrating fiance(e)'s immigration status is then dependent on their Form I-94. Review these USCIS links for more information about immigration status while awaiting AOS adjudication: https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

https://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

Basically, while your AOS application is processed, you are authorized to stay in the US. (limbo). The links proved the details.

Good luck on your immigration journey.

Edited May 2, 2016 by Pitaya

[rebeccahv09 0]

I will finish updating later on today When I have verified all the other dates.

[rebeccahv09 0]

Thank you!

[rebeccahv09 0]

Another question: So once we send in the AOS paperwork and its past the 90 days he will be OK right? They won't ask him to leave the country? I am going to overnight it so it can arrive before the 90 days expire.

[newacct 688]

Another question: So once we send in the AOS paperwork and its past the 90 days he will be OK right? They won't ask him to leave the country? I am going to overnight it so it can arrive before the 90 days expire.

Yes, he will be okay. It doesn't really matter if it arrives before or after the 90 days.

[rebeccahv09 0]

I was stressing so bad, Didn't sleep last night at all because I was worried about it.

Brandon kept telling me it will be OK.

Thank you for all your help!

[KayDeeCee 4,895]

It will be OK. You do not have to get there before the 90 days. He will not be asked to leave, and should not. If he did, he would no longer be eligible to file for AOS.

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.

Edited May 3, 2016 by KayDeeCee

[rebeccahv09 0]

Thank you so much for all your help.

I was able to send them in late and just got done with the biometrics. I have a question, my family is planning a trip to Orlando FL and I was wondering if it was ok for him to travel or does he need to stay because we do not have his green card yet?

Thank you in advance!!

Anarelli

[newacct 688]

Thank you so much for all your help.

I was able to send them in late and just got done with the biometrics. I have a question, my family is planning a trip to Orlando FL and I was wondering if it was ok for him to travel or does he need to stay because we do not have his green card yet?

Thank you in advance!!

Anarelli

Yes, it's okay to travel. He should bring his I-485 receipt just in case.