AOS after expiration of K1 Visa, need advice and help !

[Spiro 0]

Hi, VJ community !

My wife and I got married within 90 days of her k-1 visa expiring .

However, we have yet to file her I-485 AOS, I-765, and I-131.

I was under the impression that you can file AOS even after the 90 days expires as long as you got married. Two immigration attorneys told me this!

Her k-1 visa and I-94 expired 3 weeks ago .

I was told that there is a new policy change from the Trump admin regarding this . The new policy change is that if a k-1 visa holder got married but has not yet filed for AOS after the 90 days expired then they are no longer eligible AOS and will be placed in removal proceedings !

Is this true ?

We’re going to mail my wife’s AOS packet tomorrow but will she be placed in removal proceedings and is she now INELIGIBLE just because we did not file the AOS packet before the 90 days expiration ?

I appreciate and info and help !

Thank you all !!

[Crazy Cat 42,283]

She is NOT ineligible for AOS after her I-94 has expired.  She is, however, out of status, and she (technically) can be removed.  When she files for AOS, she will be granted "authorized stay" while the I-485 is pending.......

Don't worry.  Just file the I-485, I-765, and the I-131.......and all will be well.

Edited October 22, 2018 by missileman

[Dashinka 24,791]

9 minutes ago, Spiro said:

Hi, VJ community !

My wife and I got married within 90 days of her k-1 visa expiring .

However, we have yet to file her I-485 AOS, I-765, and I-131.

I was under the impression that you can file AOS even after the 90 days expires as long as you got married. Two immigration attorneys told me this!

Her k-1 visa and I-94 expired 3 weeks ago .

I was told that there is a new policy change from the Trump admin regarding this . The new policy change is that if a k-1 visa holder got married but has not yet filed for AOS after the 90 days expired then they are no longer eligible AOS and will be placed in removal proceedings !

Is this true ?

We’re going to mail my wife’s AOS packet tomorrow but will she be placed in removal proceedings and is she now INELIGIBLE just because we did not file the AOS packet before the 90 days expiration ?

I appreciate and info and help !

Thank you all !!

If you heard this news from an immigration attorney, then please do not use their services.  As @missileman stated, there is no ineligibility for missing the 90 day window to file the AOS, and the out-of-status status will be forgiven once the AOS is filed.  The general advice most members will give is to file the AOS/EAD/AP as soon as possible after a K1 marriage, but there can always be extenuating circumstances that prevent that. 

 

Good Luck!

 

[JayMar2019 2,741]

16 minutes ago, Spiro said:

Hi, VJ community !

My wife and I got married within 90 days of her k-1 visa expiring .

However, we have yet to file her I-485 AOS, I-765, and I-131.

I was under the impression that you can file AOS even after the 90 days expires as long as you got married. Two immigration attorneys told me this!

Her k-1 visa and I-94 expired 3 weeks ago .

I was told that there is a new policy change from the Trump admin regarding this . The new policy change is that if a k-1 visa holder got married but has not yet filed for AOS after the 90 days expired then they are no longer eligible AOS and will be placed in removal proceedings !

Is this true ?

We’re going to mail my wife’s AOS packet tomorrow but will she be placed in removal proceedings and is she now INELIGIBLE just because we did not file the AOS packet before the 90 days expiration ?

I appreciate and info and help !

Thank you all !!

The "new policy" you are referring is false (and I'm not sure who told you this because I've never heard of such "policy").

 

You and your wife met the requirement for her K1. You don't have to file immediately after as she has now fulfilled her K1 requirement. However, after her I-94 expires, she is considered "out of status". No need to panic, no one is going to come "pick her up and deport her" back to her country. Once you file your AOS and receive notification that USCIS has accepted your filing, her status will be considered "pending" based on the adjudication of her AOS filing. She will be allowed to stay in the US while waiting for her AOS to be approved.

 

Don't panic and relax. Not everyone files immediately after they get married so this is common. Just file as soon as you can. No harm done!

Edited October 22, 2018 by Trinab80

[Crazy Cat 42,283]

14 minutes ago, Spiro said:

I was told that there is a new policy change from the Trump admin regarding this . The new policy change is that if a k-1 visa holder got married but has not yet filed for AOS after the 90 days expired then they are no longer eligible AOS and will be placed in removal proceedings !

Is this true ?

Where did you hear this?  I honestly don't know where this stuff comes from...

[Spiro 0]

Wow !!  Thanks to all of you for the quick replies. Now I can breathe again !