AOS after K1/K2 expires, but I-94 are still valid

[JP5380 4]

Hello,

 

A quick question here. I sent the AOS combo packet in the mail today for my wife and her son. Everything I have read in the past kept talked about marrying within the 90 days and filing before the I-94 expires. As it happened, my wife's K visa (and her son's) expired in April. Now I came across some things on the internet that say an I-130 should have been filed since the K-visa is expired. Is this correct?

 

Thank you in advance.

[SalishSea 17,828]

4 minutes ago, JP5380 said:

Hello,

 

A quick question here. I sent the AOS combo packet in the mail today for my wife and her son. Everything I have read in the past kept talked about marrying within the 90 days and filing before the I-94 expires. As it happened, my wife's K visa (and her son's) expired in April. Now I came across some things on the internet that say an I-130 should have been filed since the K-visa is expired. Is this correct?

 

Thank you in advance.

When did you get married?

[JP5380 4]

9 minutes ago, Jorgedig said:

When did you get married?

We married one month after they arrived 

[Lil bear 4,201]

6 minutes ago, JP5380 said:

Hello,

 

A quick question here. I sent the AOS combo packet in the mail today for my wife and her son. Everything I have read in the past kept talked about marrying within the 90 days and filing before the I-94 expires. As it happened, my wife's K visa (and her son's) expired in April. Now I came across some things on the internet that say an I-130 should have been filed since the K-visa is expired. Is this correct?

 

Thank you in advance.

The expiry date of the K 1 is immaterial once she entered the US. It is a one time entry and do “expired” as soon as she used it to enter. The critical dates are 

Marry within the 90 day window 

File AOS paperwork. 

The advantage of filing before the I94 runs out is that this avoids any risk of being out of Status before being in legal stays once the NOA is received 

 

You don’t need the I130. The need for the I130 is if the fiancé didn’t enter using the K1, and they then married and needed to get the spouse visa or adjust but not from marrying in a K1 

[JP5380 4]

Their I-94s expire tomorrow and I sent the AOS packets in the mail today. 

[Lil bear 4,201]

3 minutes ago, JP5380 said:

Their I-94s expire tomorrow and I sent the AOS packets in the mail today. 

You are all good. The NOA will come in a week or two. Good to have it sent!!! 

[Mike E 11,739]

58 minutes ago, JP5380 said:

Their I-94s expire tomorrow and I sent the AOS packets in the mail today. 

Cool.

 

Note that as of 12:00:01 AM 2019-05-15 without the NOA1, they will have no proof that they are legal aliens. Thus they should stay home until the NOA1 comes back. When it comes back, make them copies to carry with them, and put a copy on their phones too.

 

 

[Shiran 1,134]

4 hours ago, JP5380 said:

Their I-94s expire tomorrow and I sent the AOS packets in the mail today. 

Once you get NOA1 for I-485, make a copy of it, and have your wife carry it with her along with a passport, and possibly copy of your marriage certificate. 

[JP5380 4]

Well it’s good to know everything should be okay. I had a moment of panic yesterday. 

[Scandi 4,166]

20 hours ago, JP5380 said:

Hello,

 

A quick question here. I sent the AOS combo packet in the mail today for my wife and her son. Everything I have read in the past kept talked about marrying within the 90 days and filing before the I-94 expires. As it happened, my wife's K visa (and her son's) expired in April. Now I came across some things on the internet that say an I-130 should have been filed since the K-visa is expired. Is this correct?

 

Thank you in advance.

Her K-1 Visa expired the day she entered the country, after that the only thing that matters is the i-94. The visa expiration date is only letting her know which day is the last day she can use it.

 

I-130 is only filed if you married after the I-94 expired.

 

As others have said, the sooner you file for AOS the better. You already sent the package and should be fine.