Is there a time frame?

Kola999

Registered Users (C)
Hi,
I'm on a k-1 visa which expires on Feb 28. I married my husband within 90 days since my arrival in the USA and I'm getting ready to mail in the paperwork for a green card. Am I supposed to mail all the required papers till the visa expiration date in my foreign passport or it is not so strict? With the wedding and all I didn't quite have the time to concentrate on paperwork. Should I hurry up?
 
Your actual visa is a one time entry visa and became voided once you used it to enter the US.....pay no attention to the date on it. The date you need to be concerned with is the white I-94 that should be stapled in your passport- this indicates the 90 day from entry - the 90 days within which you must marry (which you have) and the 90 days status you have in the US. If you dont file your paperwork before this 90 day period (the date on your I-94) then you become out of status until you file for your GC......people have got into trouble by leaving filing their paperwork and have risked deportation as they dont have any status in the US....once you file your paperwork and receive the NOA, your status becomes AOS pending and this is your protected status. So my advice is to not delay the filing of your paperwork past the 90 days that you are granted.
 
The date you need to be concerned with is the white I-94 that should be stapled in your passport- this indicates the 90 day from entry - the 90 days within which you must marry (which you have) and the 90 days status you have in the US. If you dont file your paperwork before this 90 day period (the date on your I-94) then you become out of status until you file for your GC.

The K-1 has some unique requirements, namely that the marriage must take place within 90 days. I'm not aware that the paperwork needs to be filed within this time period, however.
 
The K-1 has some unique requirements, namely that the marriage must take place within 90 days. I'm not aware that the paperwork needs to be filed within this time period, however.

Yes- they must marry within the 90 day period (which the OP already has), but once the I-94 expires (90 day after entry), without filing the paperwork a K1 entrant will be out of status. The I-94 is what is keeping them in status until they file for AOS which converts their status to AOS pending. So while their isnt a 'rule' that the paperwork be filed in this time frame, its up to the K1 applicant whether or not they want to have their status protected by becoming AOS pending, or be out of status when the I-94 expires.
 
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