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BlueberryMuffin

Married Within 90 Days on a K1, but I’m Unsure What Forms We Need To File Now That Beneficiary’s I-94 Expired

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Filed: K-1 Visa Country: United Kingdom
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After reading a lot of confusing and conflicting information, I'm completely lost about what steps to take next.
 
My now-husband (beneficiary) entered the US on a K1 back in October of 2021, and we married at the end of November 2021, so well within the 90 days we had to marry.
My husband's I-94 expired on Jan. 12th, 2022
Due to going through many unfortunate circumstances, we hadn't had the time to finish his AOS until now. We will likely be submitting it by next week.
 
Many sources say that as long as you are married within 90 days, you're fine for anywhere from 180 days to a year. I've now learned that's not correct (I'm sure someone will link the post about the person who got arrested during a traffic incident) 😬 I could "could've, should've, would've" all I want, but that won't change our current situation. I just don't want to mess this up any further. Some sources say that if the I-94 expires, you need to submit an I-130 along with the I-485, but I haven't really been seeing people doing that unless it has been years since they entered the US. Most articles mentioning the I-130 are about getting married after the 90 days, but that's not our situation. I'm so unclear on what we need to submit now.
 

TL;DR: The K1 beneficiary's I-94 expired a few months ago. We married within 90 days of the beneficiary's entry into the US. Do I need to file an I-130, or can we just stick to the I-485 and other forms mentioned in the K1 AOS guide?


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"Everything is working out best case scenario" 

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3 minutes ago, BlueberryMuffin said:

 

TL;DR: The K1 beneficiary's I-94 expired a few months ago. We married within 90 days of the beneficiary's entry into the US. Do I need to file an I-130,

 

No

 

3 minutes ago, BlueberryMuffin said:

or can we just stick to the I-485 and other forms mentioned in the K1 AOS guide?

Yes.

Your status is "K1 Visa Holder-Out of Status".

However if you haven't been arrested yet, lol, that's a non-issue.

File ASAP.

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Filed: K-1 Visa Country: United Kingdom
Timeline
1 minute ago, K1visaHopeful said:

Yes.

Your status is "K1 Visa Holder-Out of Status".

However if you haven't been arrested yet, lol, that's a non-issue.

File ASAP.

Thank you! I was hoping that was the answer. It seemed like the answer, but I've had so many "wow, I was incredibly misinformed" moments through this whole process that I felt the need to ask.

 

Do we put "K1 Visa Holder - Out of Status" as his status on the I-485 where it asks you what your status is? Current form: Part 1, Question 27?

HAHA! We're filing ASAP! I think my husband fears getting arrested in the US more than anything, not that I blame him 😅


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"Everything is working out best case scenario" 

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21 minutes ago, BlueberryMuffin said:

 

Do we put "K1 Visa Holder - Out of Status" as his status on the I-485 where it asks you what your status is? Current form: Part 1, Question 27?

I don't know the question number and I don't care to look.

Entry status = K1 Visa Holder.

CURRENT status = as above.

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  • 4 weeks later...
 
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