need help for Adjustment of status

[rivedavi 1]

My questions is about the Adjustment of status, I mailed it one day ago but I didn't realize her visa expired 1/18 i did not file a I-130. 

 

Can her adjustment still go through? or do i need to file I130

 

Its been a few weeks I have the I-130 filled and ready to go, before i mail it in I want to make sure its necessary. I could use the help please

 

 

[Ben&Zian 4,398]

From what visa are you trying to AOS from?

 

if K-1 : http://www.visajourney.com/content/k1k3aos

 

If from say B2 tourist, you married, now AOS'ing, then yes I-130 is needed. http://www.visajourney.com/content/i130guide2

Edited February 9, 2017 by Ben&Zian

[Hypnos 6,578]

It depends upon the visa they're adjusting from. 

[rivedavi 1]

It is a k1 fiancé visa 

[LionessDeon 2,060]

Then it won't effect it.  The I-130 is not required when adjusting from a K1

 

You should correct your profile to read "Filed for: Adjustment of Status".

[Hypnos 6,578]

A K-1 only needs to file an I-130 with their I-485 if they got married beyond the initial 90 day validity period of their I-94.

Edited February 9, 2017 by Hypnos

[rivedavi 1]

thank you guys answered my question