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!
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
