Adjust after K1 visa expired?

11-27-2006, 12:07 PM

The K1 visa was used properly. Marriage was within 90 days. Then the K1
visa expired, with no adjustment of status.

Can the expired K1 visa still be used for adjustment of status? Or is it
necessary to use form I-130 to apply for a new visa to replace the expired
K1?

11-27-2006, 01:01 PM

> The K1 visa was used properly. Marriage was within 90 days. Then the
> K1
> visa expired, with no adjustment of status.
>
> Can the expired K1 visa still be used for adjustment of status? Or is
> it
> necessary to use form I-130 to apply for a new visa to replace the
> expired
> K1?

You got married within 90 days, so you fulfilled the requirements of
the K-1 visa. It is not necessary to file for adjustment within those
90 days. You do not need to apply for a new visa. Your marriage (based
on the K-1) is now the basis for your adjustment, so go ahead and file
to adjust.

Ian

11-27-2006, 01:30 PM

> The K1 visa was used properly. Marriage was within 90 days. Then the
> K1
> visa expired, with no adjustment of status.
>
> Can the expired K1 visa still be used for adjustment of status? Or is
> it
> necessary to use form I-130 to apply for a new visa to replace the
> expired
> K1?

Hi:

USCIS is going all over the place these days on K-1 adjustments. The
law had been really well settled that you did not need to do an I-130.
However, recently CIS has been taking some weird attitudes and giving
some quite inconsistent interpretations of the law.

My OPINION is that you need not do an I-130 -- but based recent
emenations from CIS, you just may want to treat it as an entirely new
adjustment with a new medical also.

Your question is a good one -- until recently I would have just said
file, you were fine. Now I'm not sure anymore.

__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

11-27-2006, 01:31 PM

You can adjust just like you would have would the I-94 (it is the I-94
that matters, not the visa) still be valid.

One difference: you'll need a brand new set of medicals.

Also, if your I-94 is expired by more than 180 days, you should not
travel under any circumstances.

T Burns wrote:
> The K1 visa was used properly. Marriage was within 90 days. Then the K1
> visa expired, with no adjustment of status.
>
> Can the expired K1 visa still be used for adjustment of status? Or is it
> necessary to use form I-130 to apply for a new visa to replace the expired
> K1?

11-27-2006, 03:02 PM

> You can adjust just like you would have would the I-94 (it is the I-94
> that matters, not the visa) still be valid.
>
> One difference: you'll need a brand new set of medicals.
>
> Also, if your I-94 is expired by more than 180 days, you should not
> travel under any circumstances.
>
>
> T Burns wrote:
> > The K1 visa was used properly. Marriage was within 90 days. Then
> > the K1
> > visa expired, with no adjustment of status.
> > Can the expired K1 visa still be used for adjustment of status? Or
> > is it
> > necessary to use form I-130 to apply for a new visa to replace the
> > expired
> > K1?

I understood that a K-1 does not need a new medical but only a
vaccination supplement if he files for adjustment within 1 year of
entering the US in K-1 status. Things may have changed though... it's
been a while since I adjusted status.

Ian

11-27-2006, 04:45 PM

> I understood that a K-1 does not need a new medical but only a
> vaccination supplement if he files for adjustment within 1 year of
> entering the US in K-1 status. Things may have changed though... it's
> been a while since I adjusted status.
>
> Ian

Hi:

Congress DID make amendments -- in 1986. In litigation around the
country, CIS is taking some mighty strange positions on the effect of
the 1986. It seems that they are saying that the entire routine for AOS
has to be gone through as if one had not entered as a K-1 and the only
effect of K-1 admission is to prevent one from adjusting in any way
other than on the marriage.

The procedures you have mentioned, and which have been in place for 20
years may have been wrong. So I would hesitate in giving definite
adivce on how things will be handled in the furture.

__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

11-30-2006, 07:41 PM

In article <35$410380$4147390$>,
Folinskyinla <member4043@british_expats.com> wrote:
>
>> I understood that a K-1 does not need a new medical but only a
>> vaccination supplement if he files for adjustment within 1 year of
>> entering the US in K-1 status. Things may have changed though... it's
>> been a while since I adjusted status.
>>
>> Ian
>
>Hi:
>
>Congress DID make amendments -- in 1986. In litigation around the
>country, CIS is taking some mighty strange positions on the effect of
>the 1986. It seems that they are saying that the entire routine for AOS
>has to be gone through as if one had not entered as a K-1 and the only
>effect of K-1 admission is to prevent one from adjusting in any way
>other than on the marriage.

Wouldn't this just encourage more 10-foot-pole violations, if you're really
in the same boat, except that they are allowing you to have
marriage/immigrant intentions when you enter, AND it takes 10-12 months
longer?

Sure glad I'm past that part! I-751 window coming up in ~60 days.. Will
probably wait until we've filed '06 taxes, though.. It's not like it'll make
THAT much of a difference, if I get it in on day 1 or day 30 or 50 of
eligibility - N-400 a year later puts a more or less timeframe on it..

MH