I-94 will soon expire.. still pending AOS approval

[superwife 0]

hi everyone..

im just new here

im married for 3 1/2 years but i just came here in america few months ago..

my 1-94 will soon expire. i entered the U.S as a visitor sept. 5, 07 and my I-94 will be terminated this march 5, 2008. my AOS is currently pending and i believe it most likely our interview will be around first week of april.

anyway, my question is.. do i still need to have an extenstion while my i wait for my case or because my case is pending i dont need to extened anymore my 1-94?

hope someone can enlighten my with anything

thank yoU!

love,

superwife

[Dan J 277]

hi everyone..

im just new here

im married for 3 1/2 years but i just came here in america few months ago..

my 1-94 will soon expire. i entered the U.S as a visitor sept. 5, 07 and my I-94 will be terminated this march 5, 2008. my AOS is currently pending and i believe it most likely our interview will be around first week of april.

anyway, my question is.. do i still need to have an extenstion while my i wait for my case or because my case is pending i dont need to extened anymore my 1-94?

hope someone can enlighten my with anything

thank yoU!

love,

superwife

Doesn't matter, you are no longer considered a visitor, your status is pending.

[Lil Miss Sunshine 14]

Dan is right.. you don't need to worry about the expiration of your I-94 anymore.

like you, i came here last june 9 on a tourist visa. my I-94 expired last dec 8 but my husband and i submitted my AOS, I-130 etc last nov 30

[pushbrk 12,229]

hi everyone..

im just new here

im married for 3 1/2 years but i just came here in america few months ago..

my 1-94 will soon expire. i entered the U.S as a visitor sept. 5, 07 and my I-94 will be terminated this march 5, 2008. my AOS is currently pending and i believe it most likely our interview will be around first week of april.

anyway, my question is.. do i still need to have an extenstion while my i wait for my case or because my case is pending i dont need to extened anymore my 1-94?

hope someone can enlighten my with anything

thank yoU!

love,

superwife

Doesn't matter, you are no longer considered a visitor, your status is pending.

If I understand this correctly, I think you need to see an attorney ASAP. You've been married to a US Citizen 3 1/2 years and came here on a visitor visa and have attempted to adjust status. That sounds like clear visa fraud to me. I think a qualified immigration attorney will advise you to withdraw everything you filed to adjust status and leave the US before your I-94 expires. You need the appropriate spouse visa to immigrate to the US.

Two of these today? Weird.

[superwife 0]

hi everyone..

im just new here

im married for 3 1/2 years but i just came here in america few months ago..

my 1-94 will soon expire. i entered the U.S as a visitor sept. 5, 07 and my I-94 will be terminated this march 5, 2008. my AOS is currently pending and i believe it most likely our interview will be around first week of april.

anyway, my question is.. do i still need to have an extenstion while my i wait for my case or because my case is pending i dont need to extened anymore my 1-94?

hope someone can enlighten my with anything

thank yoU!

love,

superwife

Doesn't matter, you are no longer considered a visitor, your status is pending.

If I understand this correctly, I think you need to see an attorney ASAP. You've been married to a US Citizen 3 1/2 years and came here on a visitor visa and have attempted to adjust status. That sounds like clear visa fraud to me. I think a qualified immigration attorney will advise you to withdraw everything you filed to adjust status and leave the US before your I-94 expires. You need the appropriate spouse visa to immigrate to the US.

Two of these today? Weird.

why would you say that is a visa fraud? i had my visa for years now even before i got married. i didnt not fraud anything. even with out a K1 visa i can go here anytime. why will i withdraw everything? i didnt not do anything against the law.

[timenagain 0]

- I agree. If you came to the US as a visitor (B1/B2 visa) - you're a non-immigrant - that means you cannot adjust status. Maybe you came here thru your spouse petition that means you're either under IR* or K3? If you really came here under B1/B2, then take the advice of seeing a lawyer.

If I understand this correctly, I think you need to see an attorney ASAP. You've been married to a US Citizen 3 1/2 years and came here on a visitor visa and have attempted to adjust status. That sounds like clear visa fraud to me. I think a qualified immigration attorney will advise you to withdraw everything you filed to adjust status and leave the US before your I-94 expires. You need the appropriate spouse visa to immigrate to the US.

Two of these today? Weird.

why would you say that is a visa fraud? i had my visa for years now even before i got married. i didnt not fraud anything. even with out a K1 visa i can go here anytime. why will i withdraw everything? i didnt not do anything against the law.

[pushbrk 12,229]

hi everyone..

im just new here

im married for 3 1/2 years but i just came here in america few months ago..

my 1-94 will soon expire. i entered the U.S as a visitor sept. 5, 07 and my I-94 will be terminated this march 5, 2008. my AOS is currently pending and i believe it most likely our interview will be around first week of april.

anyway, my question is.. do i still need to have an extenstion while my i wait for my case or because my case is pending i dont need to extened anymore my 1-94?

hope someone can enlighten my with anything

thank yoU!

love,

superwife

Doesn't matter, you are no longer considered a visitor, your status is pending.

If I understand this correctly, I think you need to see an attorney ASAP. You've been married to a US Citizen 3 1/2 years and came here on a visitor visa and have attempted to adjust status. That sounds like clear visa fraud to me. I think a qualified immigration attorney will advise you to withdraw everything you filed to adjust status and leave the US before your I-94 expires. You need the appropriate spouse visa to immigrate to the US.

Two of these today? Weird.

why would you say that is a visa fraud? i had my visa for years now even before i got married. i didnt not fraud anything. even with out a K1 visa i can go here anytime. why will i withdraw everything? i didnt not do anything against the law.

Perhaps you have an H1B visa. If so, yes you can adjust status.

Otherwise, I take it you have a ten year visa the allows multiple "visits" to the US. To use this visa to immigrate, is visa fraud. You must have an appropriate spouse visa to immigrate. The one that allows the spouse of a US Citizen to enter and then adjust status, is the K3 visa. (K1 is for a fiance) Your other option is an immigrant visa (IR1 in your case) which allows you to enter with permanent resident status. There is not need to adjust status.

Please consult a qualified immigration attorney so you don't show up to a status adjustment interview and receive an order of removal.

You might start with simply researching the priviledges that come with your specific visa type.

Perhaps you have an H1B visa. If so, yes you can adjust status.

[maggieNomar 0]

hi everyone..

im just new here

im married for 3 1/2 years but i just came here in america few months ago..

my 1-94 will soon expire. i entered the U.S as a visitor sept. 5, 07 and my I-94 will be terminated this march 5, 2008. my AOS is currently pending and i believe it most likely our interview will be around first week of april.

anyway, my question is.. do i still need to have an extenstion while my i wait for my case or because my case is pending i dont need to extened anymore my 1-94?

hope someone can enlighten my with anything

thank yoU!

love,

superwife

Doesn't matter, you are no longer considered a visitor, your status is pending.

If I understand this correctly, I think you need to see an attorney ASAP. You've been married to a US Citizen 3 1/2 years and came here on a visitor visa and have attempted to adjust status. That sounds like clear visa fraud to me. I think a qualified immigration attorney will advise you to withdraw everything you filed to adjust status and leave the US before your I-94 expires. You need the appropriate spouse visa to immigrate to the US.

Two of these today? Weird.

why would you say that is a visa fraud? i had my visa for years now even before i got married. i didnt not fraud anything. even with out a K1 visa i can go here anytime. why will i withdraw everything? i didnt not do anything against the law.

Perhaps you have an H1B visa. If so, yes you can adjust status.

Otherwise, I take it you have a ten year visa the allows multiple "visits" to the US. To use this visa to immigrate, is visa fraud. You must have an appropriate spouse visa to immigrate. The one that allows the spouse of a US Citizen to enter and then adjust status, is the K3 visa. (K1 is for a fiance) Your other option is an immigrant visa (IR1 in your case) which allows you to enter with permanent resident status. There is not need to adjust status.

Please consult a qualified immigration attorney so you don't show up to a status adjustment interview and receive an order of removal.

You might start with simply researching the priviledges that come with your specific visa type.

Perhaps you have an H1B visa. If so, yes you can adjust status.

I read your situation the same as pusbrk. Coming on a vistor visa and then filing AOS sounds fishy to me too, but maybe you weren't clear with your situation. While I don't know a lot about him, I have seen him help a lot of people on here with unusual situations. He seems very knowledgable about the different visas. If you believe you are in the right OP, then it certainly won't hurt to talk to an immigration atty to be sure so you don't get a surprise at your interview.

[rebeccajo 14]

hi everyone..

im just new here

im married for 3 1/2 years but i just came here in america few months ago..

my 1-94 will soon expire. i entered the U.S as a visitor sept. 5, 07 and my I-94 will be terminated this march 5, 2008. my AOS is currently pending and i believe it most likely our interview will be around first week of april.

anyway, my question is.. do i still need to have an extenstion while my i wait for my case or because my case is pending i dont need to extened anymore my 1-94?

hope someone can enlighten my with anything

thank yoU!

love,

superwife

Doesn't matter, you are no longer considered a visitor, your status is pending.

If I understand this correctly, I think you need to see an attorney ASAP. You've been married to a US Citizen 3 1/2 years and came here on a visitor visa and have attempted to adjust status. That sounds like clear visa fraud to me. I think a qualified immigration attorney will advise you to withdraw everything you filed to adjust status and leave the US before your I-94 expires. You need the appropriate spouse visa to immigrate to the US.

Two of these today? Weird.

why would you say that is a visa fraud? i had my visa for years now even before i got married. i didnt not fraud anything. even with out a K1 visa i can go here anytime. why will i withdraw everything? i didnt not do anything against the law.

Perhaps you have an H1B visa. If so, yes you can adjust status.

Otherwise, I take it you have a ten year visa the allows multiple "visits" to the US. To use this visa to immigrate, is visa fraud. You must have an appropriate spouse visa to immigrate. The one that allows the spouse of a US Citizen to enter and then adjust status, is the K3 visa. (K1 is for a fiance) Your other option is an immigrant visa (IR1 in your case) which allows you to enter with permanent resident status. There is not need to adjust status.

Please consult a qualified immigration attorney so you don't show up to a status adjustment interview and receive an order of removal.

You might start with simply researching the priviledges that come with your specific visa type.

Perhaps you have an H1B visa. If so, yes you can adjust status.

I read your situation the same as pusbrk. Coming on a vistor visa and then filing AOS sounds fishy to me too, but maybe you weren't clear with your situation. While I don't know a lot about him, I have seen him help a lot of people on here with unusual situations. He seems very knowledgable about the different visas. If you believe you are in the right OP, then it certainly won't hurt to talk to an immigration atty to be sure so you don't get a surprise at your interview.

"Visa fraud' is partially determined by 'intent to immigrate'. 'Intent' is what was in the person's mind at the port of entry.

The OP states she has been married 3.5 years. For some reason, the border guards let her in the US in September 2007. We can presume they queried her at that time about her visit.

As the CBP admitted this woman, it certainly is not for those of us here to cry 'visa fraud'.

She needs to speak to an attorney for her own peace of mind. She does not need finger pointing from VJ members who do not know her personal situation and furthermore have no knowledge of her record of entry into the country.

Edited January 16, 2008 by rebeccajo

[pushbrk 12,229]

hi everyone..

im just new here

im married for 3 1/2 years but i just came here in america few months ago..

my 1-94 will soon expire. i entered the U.S as a visitor sept. 5, 07 and my I-94 will be terminated this march 5, 2008. my AOS is currently pending and i believe it most likely our interview will be around first week of april.

anyway, my question is.. do i still need to have an extenstion while my i wait for my case or because my case is pending i dont need to extened anymore my 1-94?

hope someone can enlighten my with anything

thank yoU!

love,

superwife

Doesn't matter, you are no longer considered a visitor, your status is pending.

If I understand this correctly, I think you need to see an attorney ASAP. You've been married to a US Citizen 3 1/2 years and came here on a visitor visa and have attempted to adjust status. That sounds like clear visa fraud to me. I think a qualified immigration attorney will advise you to withdraw everything you filed to adjust status and leave the US before your I-94 expires. You need the appropriate spouse visa to immigrate to the US.

Two of these today? Weird.

why would you say that is a visa fraud? i had my visa for years now even before i got married. i didnt not fraud anything. even with out a K1 visa i can go here anytime. why will i withdraw everything? i didnt not do anything against the law.

Perhaps you have an H1B visa. If so, yes you can adjust status.

Otherwise, I take it you have a ten year visa the allows multiple "visits" to the US. To use this visa to immigrate, is visa fraud. You must have an appropriate spouse visa to immigrate. The one that allows the spouse of a US Citizen to enter and then adjust status, is the K3 visa. (K1 is for a fiance) Your other option is an immigrant visa (IR1 in your case) which allows you to enter with permanent resident status. There is not need to adjust status.

Please consult a qualified immigration attorney so you don't show up to a status adjustment interview and receive an order of removal.

You might start with simply researching the priviledges that come with your specific visa type.

Perhaps you have an H1B visa. If so, yes you can adjust status.

I read your situation the same as pusbrk. Coming on a vistor visa and then filing AOS sounds fishy to me too, but maybe you weren't clear with your situation. While I don't know a lot about him, I have seen him help a lot of people on here with unusual situations. He seems very knowledgable about the different visas. If you believe you are in the right OP, then it certainly won't hurt to talk to an immigration atty to be sure so you don't get a surprise at your interview.

"Visa fraud' is partially determined by 'intent to immigrate'. 'Intent' is what was in the person's mind at the port of entry.

The OP states she has been married 3.5 years. For some reason, the border guards let her in the US in September 2007. We can presume they queried her at that time about her visit.

As the CBP admitted this woman, it certainly is not for those of us here to cry 'visa fraud'.

She needs to speak to an attorney for her own peace of mind. She does not need finger pointing from VJ members who do not know her personal situation and furthermore have no knowledge of her record of entry into the country.

Regardless of intent, if she entered on a visitor's visa and is attempting to adjust status, they need to see an immigration attorney ASAP. I'm trying to warn somebody of a serious potential consequence about which thay may not be aware, not "point fingers". Each such warning has included the advice to see an attorney. If you have different advice or different reason for giving the same advice then by all means state them.

[Kez/JWolf 6]

If the OP came here on a visitors visa and did not have any intent to immigrate at the time of entry but for some reason changed their mind after they had been admitted then they can file for AOS and remain... the law allows for this... you may be asked about your intent on entry, you may not be...

As for Visa fraud nobody here can say that because we do not know the OP intention at entry... as for withdrawing the application that would be a very foolish thing to do....

Go speak to a immigration lawyer just to go over your case so that you are as prepared as you can be for the interview....

Good Luck

Kez

[rebeccajo 14]

hi everyone..

im just new here

im married for 3 1/2 years but i just came here in america few months ago..

my 1-94 will soon expire. i entered the U.S as a visitor sept. 5, 07 and my I-94 will be terminated this march 5, 2008. my AOS is currently pending and i believe it most likely our interview will be around first week of april.

anyway, my question is.. do i still need to have an extenstion while my i wait for my case or because my case is pending i dont need to extened anymore my 1-94?

hope someone can enlighten my with anything

thank yoU!

love,

superwife

Doesn't matter, you are no longer considered a visitor, your status is pending.

If I understand this correctly, I think you need to see an attorney ASAP. You've been married to a US Citizen 3 1/2 years and came here on a visitor visa and have attempted to adjust status. That sounds like clear visa fraud to me. I think a qualified immigration attorney will advise you to withdraw everything you filed to adjust status and leave the US before your I-94 expires. You need the appropriate spouse visa to immigrate to the US.

Two of these today? Weird.

why would you say that is a visa fraud? i had my visa for years now even before i got married. i didnt not fraud anything. even with out a K1 visa i can go here anytime. why will i withdraw everything? i didnt not do anything against the law.

Perhaps you have an H1B visa. If so, yes you can adjust status.

Otherwise, I take it you have a ten year visa the allows multiple "visits" to the US. To use this visa to immigrate, is visa fraud. You must have an appropriate spouse visa to immigrate. The one that allows the spouse of a US Citizen to enter and then adjust status, is the K3 visa. (K1 is for a fiance) Your other option is an immigrant visa (IR1 in your case) which allows you to enter with permanent resident status. There is not need to adjust status.

Please consult a qualified immigration attorney so you don't show up to a status adjustment interview and receive an order of removal.

You might start with simply researching the priviledges that come with your specific visa type.

Perhaps you have an H1B visa. If so, yes you can adjust status.

I read your situation the same as pusbrk. Coming on a vistor visa and then filing AOS sounds fishy to me too, but maybe you weren't clear with your situation. While I don't know a lot about him, I have seen him help a lot of people on here with unusual situations. He seems very knowledgable about the different visas. If you believe you are in the right OP, then it certainly won't hurt to talk to an immigration atty to be sure so you don't get a surprise at your interview.

"Visa fraud' is partially determined by 'intent to immigrate'. 'Intent' is what was in the person's mind at the port of entry.

The OP states she has been married 3.5 years. For some reason, the border guards let her in the US in September 2007. We can presume they queried her at that time about her visit.

As the CBP admitted this woman, it certainly is not for those of us here to cry 'visa fraud'.

She needs to speak to an attorney for her own peace of mind. She does not need finger pointing from VJ members who do not know her personal situation and furthermore have no knowledge of her record of entry into the country.

Regardless of intent, if she entered on a visitor's visa and is attempting to adjust status, they need to see an immigration attorney ASAP. I'm trying to warn somebody of a serious potential consequence about which thay may not be aware, not "point fingers". Each such warning has included the advice to see an attorney. If you have different advice or different reason for giving the same advice then by all means state them.

Advice can be given without 'warnings' or inflammatory accusations.

[pushbrk 12,229]

If the OP came here on a visitors visa and did not have any intent to immigrate at the time of entry but for some reason changed their mind after they had been admitted then they can file for AOS and remain... the law allows for this... you may be asked about your intent on entry, you may not be...

As for Visa fraud nobody here can say that because we do not know the OP intention at entry... as for withdrawing the application that would be a very foolish thing to do....

Go speak to a immigration lawyer just to go over your case so that you are as prepared as you can be for the interview....

Good Luck

Kez

Yet the OP's response refers to the length of time their visa has been in their possession rather than intent issues. I'd sure like to see what you'd say to the OP's original post, if you hadn't already seen my response. That may be more productive than attempting to argue with another poster. We're all saying see an attorney, which is not generally what we advise people to do when they have a question related to how long their AOS process is taking. I'm just being very clear about my reason for giving this advice because it may well be critical to the OP's future happiness.

While you're at it, I'm sure this OP would appreciate another point of view as well about a similar situation posted the same day.

http://www.visajourney.com/forums/index.php?showtopic=105062

Edited January 16, 2008 by pushbrk

[rebeccajo 14]

If the OP came here on a visitors visa and did not have any intent to immigrate at the time of entry but for some reason changed their mind after they had been admitted then they can file for AOS and remain... the law allows for this... you may be asked about your intent on entry, you may not be...

As for Visa fraud nobody here can say that because we do not know the OP intention at entry... as for withdrawing the application that would be a very foolish thing to do....

Go speak to a immigration lawyer just to go over your case so that you are as prepared as you can be for the interview....

Good Luck

Kez

Yet the OP's response refers to the length of time their visa has been in their possession rather than intent issues. I'd sure like to see what you'd say to the OP's original post, if you hadn't already seen my response. That may be more productive than attempting to argue with another poster. We're all saying see an attorney, which is not generally what we advise people to do when they have a question related to how long their AOS process is taking. I'm just being very clear about my reason for giving this advice because it may well be critical to the OP's future happiness.

While you're at it, I'm sure this OP would appreciate another point of view as well about a similar situation posted the same day.

http://www.visajourney.com/forums/index.php?showtopic=105062

What does that scenario have to do with the OP's?

[pushbrk 12,229]

If the OP came here on a visitors visa and did not have any intent to immigrate at the time of entry but for some reason changed their mind after they had been admitted then they can file for AOS and remain... the law allows for this... you may be asked about your intent on entry, you may not be...

As for Visa fraud nobody here can say that because we do not know the OP intention at entry... as for withdrawing the application that would be a very foolish thing to do....

Go speak to a immigration lawyer just to go over your case so that you are as prepared as you can be for the interview....

Good Luck

Kez

Yet the OP's response refers to the length of time their visa has been in their possession rather than intent issues. I'd sure like to see what you'd say to the OP's original post, if you hadn't already seen my response. That may be more productive than attempting to argue with another poster. We're all saying see an attorney, which is not generally what we advise people to do when they have a question related to how long their AOS process is taking. I'm just being very clear about my reason for giving this advice because it may well be critical to the OP's future happiness.

While you're at it, I'm sure this OP would appreciate another point of view as well about a similar situation posted the same day.

http://www.visajourney.com/forums/index.php?showtopic=105062

What does that scenario have to do with the OP's?

I see them both as potential visa fraud cases, who need to see attorney's for immediate advice.