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DakotaK1 Proficient

DakotaK1   1

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

Hi everyone

I am came to the US September 23 on a K1 Visa and will be getting married December 1.

Now my question: My K1 Visa runs out of date by December 22,so that means I have to send in my AOS before then or else I will be "out of Status" right?

So I am guessing it does make sence to collect things for it right now then?

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DakotaK1 Proficient

DakotaK1   1

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
  • Author
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You do not have to file for AOS before your I-94 expires.... you must be married before the I-94 runs out. You can file for AOS at anytime after the day you got married...

Kez

Damn that basicly does not leave me a whole bunch of time,only like 2 weeks. Yeah I know that you have to get married before the K1 runs out of date,which we are doing.

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Kez/JWolf Mentor

Kez/JWolf   6

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Filed: Timeline
Posted (edited)
You do not have to file for AOS before your I-94 expires.... you must be married before the I-94 runs out. You can file for AOS at anytime after the day you got married...

Kez

Damn that basicly does not leave me a whole bunch of time,only like 2 weeks. Yeah I know that you have to get married before the K1 runs out of date,which we are doing.

I SAID YOU DO NOT HAVE TO FILE BEFORE I-94 RUN OUT.......

Edited by Kezzie
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~Nini~ Proficient

~Nini~   2

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted (edited)

The OP is okay to file before or after the expiration of their I-94, as long as they've fulfilled the marriage within the 90-day requirement.

Of course it's better to file before the I-94 expires, but as I've understood it, USCIS forgives you for being out of status for a short amount of time.

Edited by Nini & Bee

Nini - Vancouver BC, Canada (she's the one who does the forum thing)

Bee - Devon PA, USA (he's the one who gave her the shiny ring)

Getting our sanity tested by bureaucracy since 2007.

Here we go again...

Removal of conditions @ VSC

9/4/2010 - sent!

9/14/2010 - NOA

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cellarlily Community Regular

cellarlily   0

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted

You would be wise to gather all of the information you can now so you can send it out as soon as you're able. You do not need to file for AOS within that 90 days; however, the sooner you mail it out, the sooner you will be able to work and travel. It takes a little while to get the whole package together, so it's best to get started asap.

I-129F

10/23/2006 - I-129F approved (97 days from CSC)

AOS

03/03/2007 - Married!

03/14/2007 - I-485 + I-765 sent

03/21/2007 - NOA1, Checks cashed

06/01/2007 - EAD card production e-mail received (74 days)

07/27/2007 - EAD RECEIVED (57 days after approval)

11/29/2007 - Infopass appointment - file was sent to a storage facility before it was finished processing.

05/28/2008 - Received AOS Interview notice

07/10/2008 - AOS Interview-APPROVED pending fingerprints

09/22/2008 - GREEN CARD IN HAND!

Removing Conditions

06/04/2010 - Sent I-751

06/07/2010 - NOA1

06/09/2010 - Check cashed

07/22/2010 - Biometrics Appointment

09/08/2010 - Card production e-mail

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cutiebanker Apprentice

cutiebanker   0

Posted
Filed: AOS (apr) Timeline
Posted
But wouldn't you have to get married within 90 days of September 23?

Yes December 1 is still in the timeframe so I am good.

i agree w. what cellarlily said. gather application forms now, follow the instructions and start filling them out step by step, then you'll have everything ready to be mailed out right after you get your marriage certificate. i wouldn't wait till either I-94 or the visa expires. the sooner you get things done, the earlier you'll be able to travel and work freely and legally w/o any worries.

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DakotaK1 Proficient

DakotaK1   1

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
  • Author
Posted
i agree w. what cellarlily said. gather application forms now, follow the instructions and start filling them out step by step, then you'll have everything ready to be mailed out right after you get your marriage certificate. i wouldn't wait till either I-94 or the visa expires. the sooner you get things done, the earlier you'll be able to travel and work freely and legally w/o any worries.

Ok sounds good thanks guys

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  • 2 weeks later...
intelek Rookie

intelek   0

Posted
Filed: Timeline
Posted

i have read your problem about ur status on K1 and i have also the same problem with that because i entered the US on Septmber 18, just 5 days ahead of you and i am getting married This 3rd week of November. My next problem is we can't yet apply for changing my status coz the fee is so high and we can't afford it yet until christmas time.... is there anyone there who can advise me if there will be a penalty/s for the fee when filing the status?

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John & Annie Proficient

John & Annie   0

Posted
Filed: AOS (apr) Country: Scotland
 Timeline
Posted

as Kez stated, there is no requirement to file AOS, you can wait ten or twenty years if you want. It is not recommended, but you can.

As long as you are married within the 90 days, you have fulfilled the requirements of the K1 and you are here legally.

As a spouse to a US Citizen and arriving on visa, being 'out of status' is not illegal.

2005 Aug 27 Happily Married

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Jasman0717 Grand Master

Jasman0717   9

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

You just need to make sure you marry before the I-94 expires.

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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