K1 visa expired and can't retrieved I-94, also filing AOS I-485 has deadline?

Immigration 2 views 3 answers
Got married on the 90th day upon my staying here in US and K1 visa expired the next day after wedding. Planning to apply for AOS now however I cannot retrieve my I-94. I wanted to know if there will be a deadline in applying AOS?

Attorney Answers

3
David Soloway ·
By failing to timely file an application for adjustment of status before the expiration of a K-1 visa, the foreign national becomes "out of status," and "unlawfully present," and the foreign national could become subject to being placed in removal proceedings. Fortunately, a U.S. citizen generally may petition for a spouse who entered the U.S. lawfully and with inspection (such as with a K-1 visa), to adjust status in the U.S. notwithstanding that the the spouse overstayed a visa. It would be wise to work with an immigration attorney to assure that the adjustment of status application is prepared properly and is fully documented, and also to be able to address USCIS delays and errors that could be encountered. David N. Soloway Frazier, Soloway & Kennedy, PC Atlanta, Georgia
0 upvotes
F Capriotti 2793192.Html ·
This is what we call a 'grey' area. The sooner you file, the better. Don't worry about your I-94 ...you can send a copy of the passport pages (every page in your book) along with the AOS application.
0 upvotes
Guerline Ladouceurlaurore ·
There is not a deadline to apply for AOS but do not wait to long.
0 upvotes

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