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Concerns about timeline of AOS process

I have a question about the timing of the process verses the expiring of documents.
My spouse entered on June 23 2005
We married on Aug 20
Her I-94 expired on Sept 23
Her K-1 visa expires on Nov 15 2005

We are in the process of the AOS process and almost have everthing ready.
At which point is it too late to start the AOS process?
If USCIS receive the AOS documents before the visa expires is this fine?
Does the I-485 application need approved before the visa has expired?
Should the AOS documents be in the hand of USCIS x number of days before the visa expired before the process fails and my wife is an illegal alien?

Thanks,

By SHBLatin on Oct 19, 2005, 09:13 in Visa & paperwork.

Crazy4Cali says on Oct 19, 2005, 09:27:

As I understand it... The K-1 visa expiration has to do with how long the K-1 can be used for the one entry and is 6 months from the date of issue.

Once the K-1 is used to come into the country, the foreign citizen has 90 days from the date of entry (i.e. the I-94 expiration) to file for an adjustment of status (e.g. after getting married) or leave the country.

If her I-94 expired on Sept 23, and you haven't submitted your AOS, it would seem to me that your wife has been out-of-status since Sept 24.

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silviat says on Oct 19, 2005, 17:08:

I agree with Crazy4cali The expiration date for the k-1 just means how long she had to enter the US after the date of issuance of her visa.

The expiration date for the i-94 is what counts. I think you should check if they have any information about those cases in www.visajourney.com. If you cant find anything I would look for a person that could give me legal advice (lawyer).

Good luck

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rjstuff says on Oct 19, 2005, 18:10:

SHBLatin check Visa Journey I seem to remember that being out of status for a few weeks is no big deal - so her I94 having just expired should not be any problem. Read through sevearl pages (maybe even weeks - to see what people have said about late AOS filings.)
File the AOS immediately (I just sent my wife's in today - Phew!) Good luck

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silviat says on Oct 19, 2005, 19:52:

I hope it goes fast motu No work permission for me yet :(... Estoy aburrida y quiero trabajar! ;)

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rjstuff says on Oct 20, 2005, 09:11:

Hey Silvia Guess what For whatever reason the Immigration officer gave Monika the Permission to work - I didn't know it till I was arguing with the SSN person and she showed me the Immigration info she had on Monika and she pointed out to me her work authorization. Her SSN card (in the unmarried name) doesn't say anything about not being able to work either! She doesn't need to work and probably won't work at all; maybe after she feels comfortable with her English she may try. Good luck to you and take care

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utopiacowboy says on Oct 20, 2005, 12:52:

They're right. She is out-of-status but it's no big deal as long as you get the AOS filed soon.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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