Possible Problem?

[rjack97441]

I filed my wife's I-485 on August 20. She entered on a K-1 visa on April 11 and we were married on June 23. Her k-1 visa expires in September. We are waiting for a receipt on the I-485. Will we have a problem for filing late or a problem with her visa expiring?

Thanks
RJ

[PraetorianXI]

There will be no problem. For as long as you two married within 90 days of her arrival to the US (which you did).

Also, her status in the US is no longer dependant on her I-94 expiration date, but on the AOS (I-485) application. So do not worry.

[yang]

clarification

hi rjack97441,

I just wanna clarify when will be the expiration of your fiancee's visa? Because you said she entered April 11 and as to my knowledge K1 visa is only 90 days which means her ninety days from april 11 should be july 11. Just confused because I have also problem for late filing of I-485. We just sent it last week after my K1 visa expired and I don't know if it will be a problem.

Thank you..

yang

[PraetorianXI]

After you file for Adjustment of Status (i-485) your status in the USA is no longer ruled by your K1 visa, it is now determined by your AOS application. Which means you are legally present until a decision (approval or denial) is made on the case.