questions on I-485 and I-765

[yyp]

On I-485, current USCIS status should be K1, and expires on the date of three months after arrival?

 

On I-765, what should be for item 16, ©(9) or (a)(6)?

 

Thanks!

[tonado]

http://candleforlove.com/forums/index....c6e8164c7f544ce

 

C9

[warpedbored]

Actually the visa in her passport has an expiration date. If memory serves me well it is 6 months from the date of issue.

 

I put c-9

[yyp]

yes, the visa in the passport has experation date which is 6 months from the date of issue, that means she can leave China for US within this 6 months, they give 3 months from the date of arrival when she arrived in US which allows her to stay and get married within this 3 months. That means her current visa status is K1 with 3 months legally staying in the US after she arrived here? That is what I think, but I am a little confused.

[Trigg]

She is a K1-she will still be legal after 3 months but you need to marry and apply for AOS. the reciept they send you will be sufficient if she is ever asked for papers. she will remain a K1 until you get the greencard even if the I-94 has expired.

 

Remember a visa only gives the right to ask for permission to entere the US at POE. Once she has entereed the US her visa is experied as it is a one time entry visa!!

[yyp]

She is a K1-she will still be legal after 3 months but you need to marry and apply for AOS. the reciept they send you will be sufficient if she is ever asked for papers. she will remain a K1 until you get the greencard even if the I-94 has expired.

 

Remember a visa only gives the right to ask for permission to entere the US at POE. Once she has entereed the US her visa is experied as it is a one time entry visa!!

So, I understand now, but I am still confused what I should put in Part 1 on I-485 for Expires on what date.

[msmckee]

I put the day hand written on her visa at POE. 90 days.

[frank1538]

I can certainly understand the confusion, but the I-485 only asks for the visa expiration date. I used the expiration date on the visa itself which was 6 months after the issue date. I don't know about the others, but the POE stamp which shows the date admitted to the US and the date that Jingwen's K-1 classification was god till (90 after admission) was stamped on her I-94 and not her visa. So, I concluded that the date on the visa and not the date on the I-94 would govern.

[msmckee]

We didn't get the I-94. Told us she wouldn't need it. Boy was he wrong. The info usually stamped on a I-94 was stamped both on her visa and on an "observations" page. It was written class K-1, until the 90 days from date of entry. LAX was POE in Jan 05.

[warpedbored]

What Frank said. We put the expiration date on the visa. After alll that's what they ask for and that's what it says.

 

One thing I have never been clear on. I know you have to get married within 90 days but do you actually have to file AOS within 90 days?

[yyp]

What Frank said.  We put the expiration date on the visa.  After alll that's what they ask for and that's what it says. 

 

One thing I have never been clear on.  I know you have to get married within 90 days but do you actually have to file AOS within 90 days?

K1 fiancee has to get married within 90 days, and I believe all of them file AOS within 90 days also before their K1 status expire 90 days later. So current status, K1, should have 90 days, while K1 visa has 6 months. But I think I'd better put 6 months which is much safer.