Filing for AOS AFTER K1 visa expires

[Khan's 4]

I arrived in the U.S. on 3/18/2016 and married my fiance on 3/21/2016. We had a reception and took some time getting our information together. All I needed was my vaccinations and we could submit our case. Unfortunately, we could not find a civil surgeon who was willing to forgo the exam even though instructions tell them they can because I had my exam in Pakistan in January of this year. So, we had to wait almost a month before our appointment for the exam. We went today and got my ppd read on my arm which is showing as positive because I received a BCG vaccine in Pakistan as a child. Now, we have to wait for my blood test to come back and then another week for the physician to come back into town and sign our documents. My visa expires tomorrow (6/14/2016) and we are a bit worried because we are not sure if there is an absolute deadline for filing AOS, EAD, and AP documents. Can anyone please tell us if we should be concerned? Thank you!

[ryna 132]

I arrived in the U.S. on 3/18/2016 and married my fiance on 3/21/2016. We had a reception and took some time getting our information together. All I needed was my vaccinations and we could submit our case. Unfortunately, we could not find a civil surgeon who was willing to forgo the exam even though instructions tell them they can because I had my exam in Pakistan in January of this year. So, we had to wait almost a month before our appointment for the exam. We went today and got my ppd read on my arm which is showing as positive because I received a BCG vaccine in Pakistan as a child. Now, we have to wait for my blood test to come back and then another week for the physician to come back into town and sign our documents. My visa expires tomorrow (6/14/2016) and we are a bit worried because we are not sure if there is an absolute deadline for filing AOS, EAD, and AP documents. Can anyone please tell us if we should be concerned? Thank you!

You are fine. The expiration date on the visa is meaningless once you enter the U.S. You married within the 90 days. You should file as soon as you have everything you need to minimize the risk of any future problems (which are low, but you will have nothing to show to prove you are authorized to be in the U.S. after day 90 without having filed for AOS). Filing after day 90 won't cause any problems with AOS itself.

Edited June 13, 2016 by ryna

[marianath 27]

Do not worry, as long as you marry within 90 days when you entered the USA it will be good.

K-1 Visa is only a one time visa to enter the USA and once used it is cancelled.

I would file the AOS as soon as possible thou..

[Khan's 4]

Thank you for your replies! We feel a lot better now.

[Kim Mertens 54]

To file AoS the important date to look at is your I-94 expiration date. You cannot stay more than 180 days past that expiration date without risking triggering a ban next time you leave. You can also not file for AP if you have more than 180 days of overstay. But you are fine! Just keep going and file as soon as possible.

[newacct 688]

You can also not file for AP if you have more than 180 days of overstay.

False. You can get AP no matter how long you've overstayed.

[Kim Mertens 54]

False. You can get AP no matter how long you've overstayed.

Didn't mean to give wrong information, when I asked about AP that's what I was told on here and I never found anything proving those posts wrong so I falsly assumed. Does this go for normal AP as well or only for emergency AP?

[newacct 688]

Didn't mean to give wrong information, when I asked about AP that's what I was told on here and I never found anything proving those posts wrong so I falsly assumed. Does this go for normal AP as well or only for emergency AP?

For all AP.

[KayDeeCee 4,893]

Didn't mean to give wrong information, when I asked about AP that's what I was told on here and I never found anything proving those posts wrong so I falsly assumed. Does this go for normal AP as well or only for emergency AP?

Not sure who on here said such a thing, but it is wise to get more than one answer and pay attention to the source of the answer as well.

AP is routinely given to adjustment applicants, and there is no such law stating anyone with any amount of overstay cannot apply for it. Also, adjustment applicants with a valid AP are not subject to a bar, even with 180+ days of overstay,

https://fam.state.gov/fam/09FAM/09FAM030209.html

9 FAM 302.9-14(B)(2) (U) Time Frames

(CT:VISA-74; 03-03-2016)

...

c. (U) INA 212(a)(9)(B)(i)(II) Departure at Any Time: The 10-year bar under INA 212(a)(9)(B)(i)(II) does not contain the same language as the three-year bar under INA 212(a)(9)(B)(i)(I) relating to the alien having departed voluntarily prior to commencement of removal proceedings. Thus, an alien who departs the United States after having been unlawfully present for a period of one year or more subsequent to April 1, 1997, is barred from returning to the United States for 10 years, whether the departure was before, during, or after removal proceedings and regardless of whether the alien departed on his or her own initiative or under removal order. The one exception to this rule (see also INA 212(a((9)(B)(v)) is that an alien cannot become inadmissible under INA 212(a)(9)(B)(i)(II) solely by virtue of a departure and return to the United States undertaken pursuant to a valid grant of advance parole based on the alien’s pending application for adjustment of status. Note that this does not preclude a trip under a grant of advance parole from being considered a “departure” for any other purposes under the INA, nor does it call into question the applicability of any other inadmissibility ground. On the contrary, it is well settled that an alien who leaves the United States and returns under a grant of advance parole is subject to those grounds of inadmissibility that may apply, rather than grounds of deportability, once parole is terminated. (See Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012.)

Edited June 14, 2016 by KayDeeCee

[Khan's 4]

Thanks so much for all the helpful info!