Huntington Beach, CA asked in Immigration Law for California

Q: My husband came on K1 visa and we married in the 90 day period but haven’t filed AOS yet.

He’s been out of status for about 4 months now. Can we still file AOS based on K1 admission or do we have to file I-130 with AOS forms?

Thank you!

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1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: You have to marry within 90 days of admittance with a k visa. You do not have to file adjustment of status within 90 days. You can file after the 90 days. Keep in mind your fiancé cannot work or travel until the EAD and travel permit is issued.

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