Can I adjust status after I-94 Expired (from K1)

[Kaity_Genovesi 0]

Hi, we're panicking here and would really appreciate some clarity!

The situation is that we got married on a K1 visa (within 90 days) but some delays have meant that we only just sent off the adjustment of status package, on the final day of his I-94. They haven't received it yet and the I-94 is expired. We only realised this as we sent it and are now worried that the application will be denied because he's out of status and we don't know if we should have sent an I-130 too.

Should we have sent an I-130 with the I-485 and if so, is there anything we can do, or are we worrying about nothing?

Thanks.

[aleful 1,905]

hi

don't worry, you only had to get married within 90 days of arrival, there is no obligation to adjust status within the 90 days

you don't need to send the i130 since you entered on a k1 visa

[jhammin 4]

Same happen to us I-94 expired. But don't worry you are not get denied! The only obligation is to get married within 90days of arrival.

[KayDeeCee 4,896]

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. No I-130 needed when adjusting from a K-1 that married on time, no matter how long someone has waited to file.