K-1 Visa Expiration and i-485 app

[jin01]

K-1 is valid for 3 months, it's my understanding that we have to file i-485 within these 3 months. Is that right? Do we need to do anything after that? Is my wife safe to stay after the K-1 expiration? Thanks.

[dnoblett]

The K-1 visa is valid for 6 months after it is issued, once it is used to enter the USA it is VOIDED. At this point the visa holder has 90 days per the I-94 card stapled in passport by the POE officer to either marry or leave the USA.

 

They are required to marry within the 90 days after entry to the USA, the I-485 should then be filed ASAP, note it can be filed outside the 90 days without penalty however it should be filed ASAP, any time out of status (beyond the 90 days) counts as overstay and if the overstay is more than 6 months, can be subject to ban on re-entry if traveling only with an AP document before getting green-card, filing I-485 preserves status (AOS Pending)

[jin01]

K-1 is valid for 3 months, it's my understanding that we have to file i-485 within these 3 months. Is that right? Do we need to do anything after that? Is my wife safe to stay after the K-1 expiration? Thanks.

Humm... We got married on 11/02/2009. I guess we didn't file ASAP because we were so busy and haven't got all the paperwork done. We are still in the 90 day range. We will have a problem?

Edited January 7, 2010 by jin01 (see edit history)

[dnoblett]

K-1 is valid for 3 months, it's my understanding that we have to file i-485 within these 3 months. Is that right? Do we need to do anything after that? Is my wife safe to stay after the K-1 expiration? Thanks.

Humm... We got married on 11/02/2009. I guess we didn't file ASAP because we were so busy and haven't got all the paperwork done. We are still in the 90 day range. We will have a problem?

No problem, only if you are outside the 90 day range and have not filed I-485 could you have a problem if you encounter a CBP officer, they can detain if you cannot show evidence of legal presence (Passport with Valid I-94, Passport and a copy of I-485 NOA-1 letter or Green-card)

 

No penalty for filing late other than perhaps an interview and possible questions as to why the late filing.

 

We filed our I-485 before the I-94 expired and were approved without an interview.

[3timescharm]

I was also wondering about this as well. When my fiancee gets her in March we will get married on the 13th of March. However, we will bring her daughter here in Maybe June on the K2. Is it possible to wait and file both I-485 at the same time or should we file my soon to be wifes first and then do the daughter later? Do not know if it will save money or not.

 

Robert

[dnoblett]

I was also wondering about this as well. When my fiancee gets her in March we will get married on the 13th of March. However, we will bring her daughter here in Maybe June on the K2. Is it possible to wait and file both I-485 at the same time or should we file my soon to be wifes first and then do the daughter later? Do not know if it will save money or not.

 

Robert

Yes you can. You wont save any money on adjustment of status, however later when removing conditions on the CR-Green-cards filing them together will save $$.

[3timescharm]

I was also wondering about this as well. When my fiancee gets her in March we will get married on the 13th of March. However, we will bring her daughter here in Maybe June on the K2. Is it possible to wait and file both I-485 at the same time or should we file my soon to be wifes first and then do the daughter later? Do not know if it will save money or not.

 

Robert

Yes you can. You wont save any money on adjustment of status, however later when removing conditions on the CR-Green-cards filing them together will save $$.

Thanks Dan, as usual you are always on top of things

 

Robert