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Jan and Steve

Confused about what my status is!

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Filed: K-1 Visa Country: Canada
Timeline

Hi All,

I need someone to set me straight.

So I came to the US on a K-1 Visa, got married, and I'm going to file my AOS in the next couple of weeks. But I was just reading on USCIS that I will have to leave the US on or before the date my I-94 expires... which for me is in August 2008. According to processing times, I don't think I will have my green card by then, so what happens? Will I have to leave? Or will I just be in some kind of immigration limbo status?

Help please!

Thanks,

Janny

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Filed: AOS (apr) Country: Australia
Timeline
Hi All,

I need someone to set me straight.

So I came to the US on a K-1 Visa, got married, and I'm going to file my AOS in the next couple of weeks. But I was just reading on USCIS that I will have to leave the US on or before the date my I-94 expires... which for me is in August 2008. According to processing times, I don't think I will have my green card by then, so what happens? Will I have to leave? Or will I just be in some kind of immigration limbo status?

Help please!

Thanks,

Janny

Just wandering where does it say that you have to leave if you entered on a K-1 visa. You entered legally so I don't understand why you have to leave.


July 31st 2004 Married

Feb 13th 2006 AOS package sent

Reciept Feb 13th 2006

April 26th 2006 Biometrics

Interviewed May 3rd 2006 Denver Approved pending FBI Namecheck(AO extremly rude)

Long wait begins

August 2006 Inquiry on case....still pending

December 2006 Inquiry on case....still pending

Feb 16th 2007 Missed Grandmother's surprise 85th Birthday party in Australia.

April 2007 Inquiry on case....still pending

July 2007 Inquiry on case....still pending Informed they will not redo my biometrics till my FBI namecheck is back. Original AO retires.

Dec 26th 2007 Notice to appear for Biometrics

Jan 9th 2008 Biometrics

Jan 29th 2008 Missed telephone call from USCIS

Jan 30th 2008(my birthday) Returned phone call from USCIS AO (much nicer then original) personally called to confirm my mailing address an advise I am approved an will recieve 10yr card as I have been married more then 2yrs.

Feb 11th 2008 10yr greencard recieved in the mail with wrong info on card.

Feb 12th 2008 Start planning trip home to Australia

May 3rd 2008 Leave for Australia

May 5th 2008 Touch down in Australia 1st time since Dec 28th 1995 what a relief.

May 5th 2008 Suprise my grandmother with showing up at her door. Tears all around but well worth it.

May 25th 2008 Say Seeya Soon as I hate Goodbye...Come back to the US and start thinking about when We will wanna go home again.

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Filed: K-1 Visa Country: Canada
Timeline

Just wandering where does it say that you have to leave if you entered on a K-1 visa. You entered legally so I don't understand why you have to leave.

I was on the USCIS site and I found these links,

in the PDF about extending your non-immigrant status it says:

If you were admitted in any of the following nonimmigrant catego-

ries shown on your I-94, you will not be able to extend your stay in

the U.S.:

C (Alien in Transit)

D (Crewman)

K-1 or K-2 (Fiancé(e) or Dependent of Fiancé(e))

S (Witness or Informant beyond a total of

three years)

Q-2 (Irish Peace Process Cultural and Training

Program Visitor beyond a total of three

years or beyond a total of two years if initially

admitted on or after December 10, 2004)

TWOV (Transit Without Visa)

WT or WB (Visa Waiver Program, you would have been

issued a green Form I-94W)

Please note: If you are in any of the above categories, you must

depart the U.S. on or before the date your I-94 expires.

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Yes that is correct, you cannot extend your K-1 status past 90 days. However, as soon as you file for AOS, you are no longer a non-immigrant. You are a pending adjustment of status.


keTiiDCjGVo

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Filed: Other Timeline

You would have had to leave if you had not got married within the specified 90 days of your K1. If you were married before the 90 days was up, you're fine.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: Citizen (pnd) Country: Canada
Timeline

agree...

what is written on the exemple is in the case you wouldn't had marry within 90 days.

so no worries

And actually if you leave (even for vacation) you wouldn't be authorized back... !!!!


Removal of conditions

01.11.2011 Remove conditions GC I-751 ($590)

01.18.2011 NOA1

02.24.2011 Biometric

03.25.2011 Approved

03.28.2011 Notice sent

03.31.2011 Received new green card (and it's green !)
 

AOS/EAD/AP from K1

07.23.2008 Send AOS/EAD/AP

07.29.2008 Check cashed

08.01.2008 NOA1

08.08.2008 Biometric Notice received

08.21.2008 Biometric Appointment

09.22.2008 Approval notice sent for AP (CRIS email)

09.22.2008 Card production ordered for EAD (CRIS email)

09.25.2008 Card production ordered for EAD (CRIS email) and a couple of touch since (last one 09.30.2008)

09.27.2008 Reception AP

10.02.2008 EAD Received

02.23.2009 Notice for interview (1.5 month late compared to LA statistics)

03.16.2009 AOS Touch

04.01.2009 Interview in LA  // Approved 

04.06.2009 Welcome to the USA Letter

04.13.2009 Reception GC

Naturalization
06/2016 Request
03/2017 Interview

Almost at the end !

 

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Upon entry into the US, your K1 is null and void. Your status is then derived off the I 94. Once you file for AOS, your status is technically a "Period of Stay authorized by the Attorney General" - you are are determined to be in the country legally while waiting for a determination of status.


SA4userbar.jpg

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Filed: Citizen (pnd) Country: Canada
Timeline

*hands the paper bag to Jan*

breathe girl, breathe! :)


*Cheryl -- Nova Scotia ....... Jerry -- Oklahoma*

Jan 17, 2014 N-400 submitted

Jan 27, 2014 NOA received and cheque cashed

Feb 13, 2014 Biometrics scheduled

Nov 7, 2014 NOA received and interview scheduled


MAY IS NATIONAL STROKE AWARENESS MONTH
Educate Yourself on the Warning Signs of Stroke -- talk to me, I am a survivor!

"Life is as the little shadow that runs across the grass and loses itself in the sunset" ---Crowfoot

The true measure of a society is how those who have treat those who don't.

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