We got married -- what now?

[VisaJourneyDotCom 0]

Ok ... we got married ... now what?

I don't understand what to do next. My new wife's I-94 has an expiration date of 17-ARP-2007 -- does this mean my wife has to leave the country?

17-JAN-2007 -- my fiancee enteres the US as a K-1 Visa

24-FEB-2007 -- we got married

04-APR-2007 -- I mailed off the I-485

17-APR-2007 -- the I-94 expires .... so ... what do we have to do before then?

Also, on 17-APR-2007 ... her EAD expires ... her non-driver's id expires ...

I have looked all over the internet and I just don't know what is supposed to happen now.

Any suggestions?

Thanks

[Dan J 277]

Nope, wait until your AOS has processed. It will take a few months. You should have filed a renewal EAD with your AOS, That will get processed sooner and she will be able to continue working. If you didn't, you can file directly at your local office after you have received NOA1 for AOS.

Do not leave the country until you have advanced parole. Otherwise her application will be considered abondoned and will not be allowed to reenter.

Edited April 5, 2007 by Dan + Gemvita

[VisaJourneyDotCom 0]

thanks for your post

ok, my wife will not leave the country.

From what you are saying .... it seems like the act of filing the AOS (even though the I-94 expires on 17-ARP-2007) allows my wife to stay in the country legally.

but, the EAD and drivers license expire ... because of her I-94.

I do not recall anything about the EAD on the AOS. I guess I can just wait until I get the AOS receipt lettter and apply for another EAD.

But, what about the drivers license? How can I get that renewed if the I-94 epxires on 17-APR-2007?

-THANKS

[flutter95 4]

Its ok that the I-94 expires, that just shows when you needed to be married by.

You can now apply for another EAD for her, which costs $180, which can be done online or by mail. It takes about 90 days for an EAD to be issued.

If you'd like to apply for advanced parole, thats another $170.

As for the drivers license, visit your states DMV website or call your local licence center, the rules differ by state.

[Dan J 277]

Basically her status is something like this. Some enters the country as a non-immigrant. But after the two of you got married. She goes out of status. Once you file for AOS her status is pending. After AOS is approved she will become a permanent resident (with conditions at first).

There is no time limit as far as I know until you have to file for AOS but, there isn't much you can do while out of status. At least while AoS is processing, you can file for EAD to work, or AP to leave and reenter the country.

There will probably be a period of time between when her EAD expires and when receives her renewal EAD. Technically she wont be able to work during that time. But if she already has a job, I doubt she will be forced to stop working until you have the renewal EAD.

[Yodrak 7]

Dan + Gemvita,

Basically her status is something like this. Some enters the country as a non-immigrant. But after the two of you got married. She goes out of status.

She's in status for as long as her I-94 says that she allowed to be in the USA, regardless of if or when they get married.

...... After AOS is approved she will become a permanent resident (with conditions at first).

Probably, but not necessarily. Depends on how long it take for the application to adjust to be approved.

Yodrak

Edited April 5, 2007 by Yodrak