Preparing for AOS from K-1 (k1 visa expires soon)

[KuroSaki 0]

My wife and I married within the 90 day limit. We filled out our documents the I-485 and I-864, but we're still waiting on our joint sponsor to finish their I-864. My wife's K-1 visa expires on 04/05/2022. She can't go back to her country since it's not super "gay-friendly."

 

Can my wife stay in the US while we wait for her AOS or is it not allowed? We're feeling very stressed out since haven't sent in the AOS yet, and our joint sponsor thinks we have tons of time to fill it out. (Our joint sponsor isn't a pleasant person, but we didn't have many choices.)

 

We're trying to remain positive and not panic. If anyone has any experience with this, we'd greatly appreciate it if you could share your experience, so we know what to expect and prepare for. We don't want to be separated.

[SalishSea 17,834]

17 minutes ago, KuroSaki said:

My wife and I married within the 90 day limit. We filled out our documents the I-485 and I-864, but we're still waiting on our joint sponsor to finish their I-864. My wife's K-1 visa expires on 04/05/2022. She can't go back to her country since it's not super "gay-friendly."

 

Can my wife stay in the US while we wait for her AOS or is it not allowed? We're feeling very stressed out since haven't sent in the AOS yet, and our joint sponsor thinks we have tons of time to fill it out. (Our joint sponsor isn't a pleasant person, but we didn't have many choices.)

 

We're trying to remain positive and not panic. If anyone has any experience with this, we'd greatly appreciate it if you could share your experience, so we know what to expect and prepare for. We don't want to be separated.

Do you mean that her I-94 period of allowed stay expires 4/5?  Because the visa itself is one and done.

 

Your joint sponsor is incorrect.  If the I485 is not filed before the expiration of the I-94, then she will be out of status and could be subject to removal.  Filing asap is in your best interest.

[Mike E 11,739]

Share this with your joint sponsor:

 

 

[ch1212 18]

On 3/19/2022 at 12:36 AM, KuroSaki said:

My wife and I married within the 90 day limit. We filled out our documents the I-485 and I-864, but we're still waiting on our joint sponsor to finish their I-864. My wife's K-1 visa expires on 04/05/2022. She can't go back to her country since it's not super "gay-friendly."

 

Can my wife stay in the US while we wait for her AOS or is it not allowed? We're feeling very stressed out since haven't sent in the AOS yet, and our joint sponsor thinks we have tons of time to fill it out. (Our joint sponsor isn't a pleasant person, but we didn't have many choices.)

 

We're trying to remain positive and not panic. If anyone has any experience with this, we'd greatly appreciate it if you could share your experience, so we know what to expect and prepare for. We don't want to be separated.

You can file your I-485 after the 90 day period. What is hugely more important is getting married, which you are. As was shared earlier and you can find all over the forums, there are risks to filing later which I won't repeat.

 

The reason filing after the 90 day period is okay is because spouses of US citizens are "forgiven" for visa overstays (when they entered legally with that visa) when the AOS is adjudicated. Someone may need to clarify on this since there are different degrees of overstaying, and if there's any visas that are excluded from this exception.

 

Don't misunderstand though, I'm not suggesting you wait. I was in almost the exact same situation as you and we filed well after the 90 days. 

Edited March 21, 2022 by ch1212

[ch1212 18]

To clarify my above post and prevent confusion for OP and anyone else in the same boat, here is the reference from USCIS:

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

As I said, please don't misunderstand. Get it done! Aside from being out of status, the sooner you get this done, the sooner she can move forward in the rest of your lives. I'm saying all of this to let you know that there's no need to panic - but there is need to hurry. For more than just legal reasons.