Applying for AOS after K1 has expired

[mbeckwithfl 0]

Hi, my wife had a K1 visa that expired in February 2020. We applied for AOS in may but it was rejected due to wrong payment amount and wrong edition of the form. We need to re-file. I am wondering, if we re-file everything correctly, will the K1 being expired prevent her AOS from ever being approved? Thanks. 

[Nafis8 115]

Expired K1 won't affect AOS but you should do it ASAP. I also applied after my 90 day stay expired and got unexpected USCIS representatives visit one day. I don't want to scare you but it may happen and it's better to have some proof of your application

[GetOutside 164]

27 minutes ago, mbeckwithfl said:

Hi, my wife had a K1 visa that expired in February 2020. We applied for AOS in may but it was rejected due to wrong payment amount and wrong edition of the form. We need to re-file. I am wondering, if we re-file everything correctly, will the K1 being expired prevent her AOS from ever being approved? Thanks. 

No it will not prevent her from AOS getting approved. The only requirement for the k1 visa is you get married within 90 days. There is no requirement on a k1 visa that says you have to file for AOS before your I-94 expires. If you don’t apply for AOS before your I-94 expires, you become “out of status”— you have no lawful status. She can become deportable though if something were to occur since she is “out of status”. Very unlikely, but there are stories of it happening. The overstay is forgiven when you apply for AOS, so get it in sooner rather than later.

 

18 minutes ago, Nafis8 said:

Expired K1 won't affect AOS but you should do it ASAP. I also applied after my 90 day stay expired and got unexpected USCIS representatives visit one day. I don't want to scare you but it may happen and it's better to have some proof of your application

really? What did they do/say?

[mbeckwithfl 0]

1 hour ago, Nafis8 said:

Expired K1 won't affect AOS but you should do it ASAP. I also applied after my 90 day stay expired and got unexpected USCIS representatives visit one day. I don't want to scare you but it may happen and it's better to have some proof of your application

Understood, thanks so much for the response. We have the proof of the first application but obviously no proof of the second, yet. I will make sure and retain proof when we send the second one. I am also interested in hearing how the interaction went with the USCIS rep!

[geowrian 22,338]

Overstay is not a bar to AOS as the spouse of a USC. So you can still file fine.

[Canerican 242]

6 hours ago, mbeckwithfl said:

Hi, my wife had a K1 visa that expired in February 2020. We applied for AOS in may but it was rejected due to wrong payment amount and wrong edition of the form. We need to re-file. I am wondering, if we re-file everything correctly, will the K1 being expired prevent her AOS from ever being approved? Thanks. 

As others have said no issues with filing AOS after 90 days. I also concur that you should file as soon as possible. Until you file stay away from immigration checkpoints and borders until you get that NOA1 that says your AOS has been accepted. 

[Nafis8 115]

15 hours ago, Jsg2016 said:

really? What did they do/say?

Well they just showed up one morning while we were still sleeping😂  they came to check if applied for AOS because my I94 expired, so i showed them the receipt from mailing it with the date and some copies of the package. They had a small talk with my husband about some random stuff. They were nice and I guess all that morning mess in our apartment and our sleepy faces made them sure that our marriage is real)