expired I-94, not yet filed for AOS, Am I illegal now? :(

[ladylyn25 4]

Hello everybody, hope somebody can enlighten me..........

I entered USA on March 2016, via K1 visa, got married, on May. My I-94 has expired las June 16, we made a mistake for not filling AOS, before my I-94 expired...thought as long as we got married within 90 days upon my arrival is just fine.

Now, it worries us.

1.am I now considered illegal alien? what is now my status?

2.There's a question on form I-485, asking for my current status, what should i put on it? Am I still K non-immigrant?

Now we are on panic, so we started to gather documents needed for filling of AOS. Am i not subject for deportation, or what?

Thank you so much for your help, appreciate it a lot. gathering and finalizing documents.

God bless everybody!

[EM_Vandaveer 2,369]

Just file AOS as soon as possible. Right now you are out of status. Once you receive the NOA1 for your I-485 you'll start a period of authorized stay.

[ladylyn25 4]

Thank you so much, and yes we are going to file for AOS soon.

[PilsenC 33]

Hello everybody, hope somebody can enlighten me..........

I entered USA on March 2016, via K1 visa, got married, on May. My I-94 has expired las June 16, we made a mistake for not filling AOS, before my I-94 expired...thought as long as we got married within 90 days upon my arrival is just fine.

Now, it worries us.

1.am I now considered illegal alien? what is now my status?

2.There's a question on form I-485, asking for my current status, what should i put on it? Am I still K non-immigrant?

Now we are on panic, so we started to gather documents needed for filling of AOS. Am i not subject for deportation, or what?

Thank you so much for your help, appreciate it a lot. gathering and finalizing documents.

God bless everybody!

Relax. You can put in your status visa k1 holder (like the examples). We start almost a month later and put that. K1 visa holder. Just follow the examples,and do It.

[Pitaya 2,576]

~Moved from K1 Process to Fam.-based AOS Forum~

~Similar topics are often discussed at this forum, past K1~

[KayDeeCee 4,891]

Yes, you are now unlawfully present, and have the possibility of being detained by ICE. It is rare, but has happened. Most likely would not be deported, but being detained is still not something you would wish to happen to you.

Once you file for AOS, you will be in a new period of authorized stay. When your green card is approved, your overstay will be a thing of the past and will not matter anymore.

[Ash.1101 1,755]

Yep! What KayCeeDee said!

Just lay low, stay out of trouble, and file AOS as soon as you can.

[squareleg 69]

Hello everybody, hope somebody can enlighten me..........

I entered USA on March 2016, via K1 visa, got married, on May. My I-94 has expired las June 16, we made a mistake for not filling AOS, before my I-94 expired...thought as long as we got married within 90 days upon my arrival is just fine.

Now, it worries us.

1.am I now considered illegal alien? what is now my status?

2.There's a question on form I-485, asking for my current status, what should i put on it? Am I still K non-immigrant?

Now we are on panic, so we started to gather documents needed for filling of AOS. Am i not subject for deportation, or what?

Thank you so much for your help, appreciate it a lot. gathering and finalizing documents.

God bless everybody!

Yes, illegal. Potential for deportation.

You can try heading back to your country of residence, wait in line and enter legally to proceed with you immigration paperwork. Good luck.

[Transborderwife 4,666]

Yes, illegal. Potential for deportation.

You can try heading back to your country of residence, wait in line and enter legally to proceed with you immigration paperwork. Good luck.

Poor advice. OP you're unlikely to be removed unless your presence is brought to attention of law enforcement. Even then as a k1 they likely would tell you to file for your adjustment asap. Yes, you can be removed but there's no reason to return to your home country.

[KayDeeCee 4,891]

Yes, illegal. Potential for deportation.

You can try heading back to your country of residence, wait in line and enter legally to proceed with you immigration paperwork. Good luck.

Refrain from posting horrid, detrimental misinformation.

They already entered legally. They are allowed, and eligible to stay and apply for AOS. The worst thing they could do right now is leave the US and have to start another visa process from the beginning.

OP> Do NOT listen to this garbage 'advice'.

[Hank_ 9,173]

Hello everybody, hope somebody can enlighten me..........

I entered USA on March 2016, via K1 visa, got married, on May. My I-94 has expired las June 16, we made a mistake for not filling AOS, before my I-94 expired...thought as long as we got married within 90 days upon my arrival is just fine.

Now, it worries us.

1.am I now considered illegal alien? what is now my status?

2.There's a question on form I-485, asking for my current status, what should i put on it? Am I still K non-immigrant?

Now we are on panic, so we started to gather documents needed for filling of AOS. Am i not subject for deportation, or what?

Thank you so much for your help, appreciate it a lot. gathering and finalizing documents.

God bless everybody!

Yes you are .... but don't stress on it, not a big deal. Don't panic... all is fine, no one is going to come knocking on your door from ICE. (ignore the SQUAREPEG post)

As for your status, if you are referring to the beginning of Part 2, you check C

[EM_Vandaveer 2,369]

Yes, illegal. Potential for deportation.

You can try heading back to your country of residence, wait in line and enter legally to proceed with you immigration paperwork. Good luck.

What the heck squareleg?

Every thread, no matter the circumstances, that's your advice: go home. WHY?

[ladylyn25 4]

Yes you are .... but don't stress on it, not a big deal. Don't panic... all is fine, no one is going to come knocking on your door from ICE. (ignore the SQUAREPEG post)

As for your status, if you are referring to the beginning of Part 2, you check C

THANK you so much Hank_ for your inputs

Bit relieved now.

[NinjaMax 14]

square leg is obviously trolling, ive seen him posting nonsense in other threads, a mod should ban his account. someone who doesnt know any better could take that advice