K1 Visa expired help

[Todd L F 49]

Hey all,

 

so I arrived in the U.S August of last year and we got married within the 90 days, however I am just getting round to sending the AOS in the next few weeks due to money issues. As my visa expired am I likely to run into any issues filing it so late? This is really starting to worry me so any help/advice would be greatly appreciated.

[Going through 5,671]

You married within the 90 days, so you fulfilled the K1 tiimeframe for that.  Once you file the AOS you will be in "authorized stay" while the application is pending...meaning you can legally reside (and legally work once you receive your EAD) in the US pending approval/denial.

 

It's encouraged by USCIS to apply for the AOS sooner rather than later (as the alien is subject to deportation before then) but there's no maximum time limit as to when you must file it or anything like that.

 

 

[Limey 551]

6 hours ago, Todd L F said:

Hey all,

 

so I arrived in the U.S August of last year and we got married within the 90 days, however I am just getting round to sending the AOS in the next few weeks due to money issues. As my visa expired am I likely to run into any issues filing it so late? This is really starting to worry me so any help/advice would be greatly appreciated.

Surely money issues are worse if you don't file, as you can't work until you have AOS?

[Ontarkie 14,231]

~~Moved to AOS Family K1/K3, from K1 P&P ~~