Is there a Deadline to file

[Dogderf]

I seem to remember seeing something about the K1 Visa needing to still be vali? But that's only for 3 months, right? Her 3 month anniversary of being in the USA came and went last weekend.

 

I have all the docs ready except for the trip to the civil surgeon.

 

Thanks for any help & advice.

 

Fred

[LeeFisher3]

The conditions of the visa are that you are married within 90 days of entry. However, at the end of the 90 days the visa expires.

 

The expectation is you would file for Adjustment of Staus at that time so you avoid being out of status. Others have waited much longer without any consequenses, but until you receive NOA1 for the AOS she is out of status, because the next step has not been taken.

 

So go ahead and get with the civil surgeon and get it in the mail, just don't kill yourself running to the mailbox.

[NY-Viking]

I'll second what Lee said. As you can see from our timeline, we filed for AOS about 9-10 days after the validity of the visa expired, but we got married within that 90 day window, which is the important part. Our interview is next week.

 

So, technically your wife has no status right now, but she's not illegal as long as you got married before last weekend. Wait and send your documents together with the civil surgeon shot supplement, and you'll be good to go.

[Randy W]

and avoid the border checkpoints (150 miles in) until you at least have the I-797C for the AOS.

[frank1538]

I'll second what Lee said.  As you can see from our timeline, we filed for AOS about 9-10 days after the validity of the visa expired, but we got married within that 90 day window, which is the important part.  Our interview is next week.

 

So, technically your wife has no status right now, but she's not illegal as long as you got married before last weekend.  Wait and send your documents together with the civil surgeon shot supplement, and you'll be good to go.

200897[/snapback]

The way I read the law, once you pass the deadline on the I-94, you technically begin to accrue unauthorized presence which stops when you file for AOS. At that point, you're here legally "in a period of stay authorized by the Attorney General." I haven't heard of any downside for filing after the I-94 date, but I wouldn't wait too long before I filed for AOS.

 

http://candleforlove.com/forums/index.php?...topic=14299&hl=

[Feathers268]

Jen's visa expired in Sept. but I farted around with getting all the %&^%& together and didn't file until late Dec. Although we are not through yet with green card in hand, we are still moving right through the process with the AOS interview next month.

I was told by someone you got 180 from entry, but I never found official word on that. Only getting married within the 90 days.

[LeeFisher3]

Jen's visa expired in Sept. but I farted around with getting all the %&^%& together and didn't file until late Dec. Although we are not through yet with green card in hand, we are still moving right through the process with the AOS interview next month.

I was told by someone you got 180 from entry, but I never found official word on that. Only getting married within the 90 days.

200935[/snapback]

Have you always been a late starter Jim? Any chance you'll update that timeline or did you forget where to edit it?

[Feathers268]

Have to figure out where I put that edit button. Guess I'll get around to it in a bit.

[cosmiclobster]

I have all the docs ready except for the trip to the civil surgeon.

 

Thanks for any help & advice.

 

Fred

200854[/snapback]

Call SEVERAL civil surgeons in your area if possible and call a few that are an hour or two drive from where you live.

You could pay under $50 or over $500 from one to the next for what they say is "required", not to mention your Lao Po getting an unnecesssary medical exam, unnecessary tests and treatments and her arm being used as a pincushion.

 

There is a wide variance of what different civil surgeons think is "required". Most of them are not familiar with the fiancee visa process.

Do some due dilligence!

 

Good luck!!