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Posted

We sent in all of our AOS packet, finally! It has been delivered to Chicago 5/18

 

This is the thing... his I-94 port of entry and K1 expires 5/26

 

We did file a G1145 for e-notification but havent gotten anything yet. They probably just havent opened the package and it's the weekend.

 

ARE WE OK? Is this little gap in expiring of I-94 gonna be ok?

 

Now I see why people hire lawyers for this stuff LOL. It has been SO much work and worry.

 

Filed: AOS (apr) Country: India
Timeline
Posted (edited)
4 minutes ago, MichaelAndAlicia said:

ARE WE OK? Is this little gap in expiring of I-94 gonna be ok?

 

This is fine. Since your spouse entered the USA legally and married you within the 90 day timeframe, any "overstay" will be waived. However, you won't even be in that situation. Your priority date will be the date the package was received. My husband and I were in the same situation. My package was delivered on 9/29, my grace period ended on 10/1, and we got the e-notification 2.5 weeks later.

Edited by Allie D

Married to US Citizen. I'm the beneficiary.

 

Adjustment of Status (AOS) from F-1

  • Priority date: 2016-09
  • Initial interview for I-485: 2017-06. Approved on the same day.

 

Removal of Conditions (ROC)

  • Eligible starting: 2019-03
Filed: AOS (apr) Country: India
Timeline
Posted

@MichaelAndAlicia: if it makes you feel any better, 9/29/16 was a Thursday, just like 5/18/17 :) 

Married to US Citizen. I'm the beneficiary.

 

Adjustment of Status (AOS) from F-1

  • Priority date: 2016-09
  • Initial interview for I-485: 2017-06. Approved on the same day.

 

Removal of Conditions (ROC)

  • Eligible starting: 2019-03
Posted
18 minutes ago, MichaelAndAlicia said:

We sent in all of our AOS packet, finally! It has been delivered to Chicago 5/18

 

This is the thing... his I-94 port of entry and K1 expires 5/26

 

We did file a G1145 for e-notification but havent gotten anything yet. They probably just havent opened the package and it's the weekend.

 

ARE WE OK? Is this little gap in expiring of I-94 gonna be ok?

 

Now I see why people hire lawyers for this stuff LOL. It has been SO much work and worry.

 


Ok let me clarify this real quick. There is no such thing as the K-1 visa expiring while in the US. The K-1 visa is expired after port of entry in the US.
The only thing that is left to do it marry within 90 days and preferably send AOS in while the I-94 is still valid so your fiance remains in legal stay. Nothing's wrong with sending it off later, many people have done it due financial reasons but you all will be fine. Typically within three weeks the check will be cashed and a week later you will receive NOA1. Carry a copy of NOA1 with you (or him in this case) to proof legal stay if asked.  

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Posted

I also forgot to mention that the expiration date on the K-1 visa means you have until that date to enter to the US and use the visa otherwise, after the expiration date it will be invalid to use. 

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

  • 2 weeks later...
 
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