Adjusting status

[Joy18 7]

Hi all, 

 

My fiance finally got his k1 visa after 2.5 years. When he finally got the visa, the window of time was shorter based on when had his medical exam. So from the time of getting it he only had/has 3 months to travel, marry me and adjust status.  Anyways, he came here as soon as he got the visa and and we got married over a month ago. I had a really good job and I used my savings for us to move into a nice apartment (out of my moms house) and was hoping that my next few paychecks could go toward adjusting his status before the k1 expires. This week I was laid off and now I don't know what to do. I am in a difficult situation. I need some of the few money I have left to keep up with our bills until I can get another job. And he cant get a job yet until his status is changed. Now I am afraid I wont be able to adjust his status until his k1 is expired. Hopefully i can get the money and file before the end of the month. The k1 expires on Oct 23rd. So it may only be expired by a few days at the time of filing but I'm just still so worried that this may cause an issue. We did everything else as we were supposed to. And we got married just a few weeks after his arrival once we had the marriage certificate and figured out the small details to get married. He married me well within the window of time of his visa. Has anyone else been in this situation before where they were married on time but weren't able to adjust status before the expiration of the k1? Thanks. 

Edited October 13, 2021 by Joy18

[Crazy Cat 41,886]

1 hour ago, Joy18 said:

So from the time of getting it he only had/has 3 months to travel, marry me and adjust status. 

Just to be perfectly clear, he had to enter the US before the K-1 visa expires.  The K-1 was voided as soon as he entered the US.  After entering the US, you then had 90 days from entry date to marry.  You did that.  There is no hard date by which he must file his I-485, but  he should apply for Adjustment of Status as soon as possible.  Once he submits a proper I-485, he will be granted authorized stay in the US until the I-485 is either approved or denied.  

 

Although there is no hard date for filing the I-485, he , technically, will be out of status with no authorized stay after 90 days past entry into the US.  Personally, I would borrow the money, if possible.  

Best wishes and good luck on the rest of the journey.

Edited October 13, 2021 by Crazy Cat

[JeanneAdil 6,510]

this is the downfall of the K1

1.  person can not work till AOS is done

2.  the process is expensive

3.  the immigrant is stuck at home while USC works

4.  the USC is solely responsible for all expenses 

 

the above makes it hard on any marriage so keep it together 

 

Luckily now everywhere i look there are signs saying "help wanted"   " apply within" and jobs available 

it might take 2 jobs to get u thru this but u went thru immigration,,   so u can do it

just protect yourselves from illnesses now as u can't afford to be sick with no health care

[powerpuff 6,705]

~ Moved from K1 forum to AOS from K1/K3 forum as the question deals with AOS and is past K1 ~