Legal Duration of Stay

[reddy 0]

My Ki visa was issued on 12 Sept 2007 with expiry date of 10 March 2008.

My I-94 was stamped on Sept 16 2007 to dec 15 2007.

I got married on Oct 13th. I am working on my AOS forms etc. My attorney is dragging her feet.

Per the attorney, "as long as you marry within the timeframe on the visa, you are fine. The expiration date on the visa and the I-94 card does not dictate the time when your I-485 can be filed."

Is this true? ..or will I fall out of status?

[~Nini~ 2]

You'll be out of status once the I-94 expires, but technically you're allowed to file for your AOS past the I-94 expiration date. Only reason why people file for their AOS asap is because they like to get the ball rolling on the EAD and the AP, so that they can travel and work while they're waiting for their green card.

[Jasman0717 9]

You will be out of status if the I-94 expires and you haven't married. Some reported not filing AOS for months with no problems but that really limits the beneificary's ability to be able to do anything.

[ELW 5]

Agreed with the others, if you are married then you can file for AOS anytime, even after many months. Though it is good to file ASAP so you start working, get a driver's license etc.

You can do the AOS yourself, we all did, all the info you need is here in the VJ GUIDES, no need for an attorney. At least she can get your application rolling, you shouldn't be paying top dollar for her to drag her feet!

[Earmuffs 1]

I entered on Sept 18th and married on Oct 22. Just waiting for my father in law to send his I-864 which he said was done so any day now Ill be able to mail it in.

Shitty thing is Im moving to texas on Jan1 so Im gonna have to file a change of address. unless some how I can start using my new address before I move in..

[sunandmoon 450]

My Ki visa was issued on 12 Sept 2007 with expiry date of 10 March 2008.

My I-94 was stamped on Sept 16 2007 to dec 15 2007.

I got married on Oct 13th. I am working on my AOS forms etc. My attorney is dragging her feet.

Per the attorney, "as long as you marry within the timeframe on the visa, you are fine. The expiration date on the visa and the I-94 card does not dictate the time when your I-485 can be filed."

Is this true? ..or will I fall out of status?

since you were married on Oct 13th, you're fine as others have stated, it's the expiration of the I-94 that determines the date you have to be married by. the expiration of the visa is the time by which you have to enter the USA. once you file for AOS, your status will be pending.

Edited November 24, 2007 by Roy and Yazi