I-485 Question

[The_Dude 1,142]

I have a couple of quick questions regarding one of the boxes on the I-485. I was unable to find anything similar in a forum search, so I will pose my question in it's own thread. I apologize if there is a similar thread and I missed it.

On Part 1 on the I-485, it asks for Current USCIS Status and expiration date. Does this refer to the the K1 visa and the expiration date on the Visa itself, or is this a reference to the expiration date on the I-94?

[Otto 83]

It would be the I-94.

http://www.visajourney.com/examples/INS-Form-I-485.pdf

[The_Dude 1,142]

The example form is what confused me initially. It says under status "K1 Visa Holder" and then a random date under the expiration. There is no sample I-94 that I could see to reference the date. I thought it was in reference to the Visa date because of the verbiage under Status there.

So if the I-94 is actually expired, would you then put "No Status" and the expired date in those lines?

[Otto 83]

The example form is what confused me initially. It says under status "K1 Visa Holder" and then a random date under the expiration. There is no sample I-94 that I could see to reference the date. I thought it was in reference to the Visa date because of the verbiage under Status there.

So if the I-94 is actually expired, would you then put "No Status" and the expired date in those lines?

Technically the K-1 visa (a one time entry visa) is no longer 'valid' once it is used (entered the US) therefor the I-94 is what is used for the person's status. You should use the example form as your guide and use the current/expired I-94's expiration date.

[The_Dude 1,142]

The example form is what confused me initially. It says under status "K1 Visa Holder" and then a random date under the expiration. There is no sample I-94 that I could see to reference the date. I thought it was in reference to the Visa date because of the verbiage under Status there.

So if the I-94 is actually expired, would you then put "No Status" and the expired date in those lines?

Technically the K-1 visa (a one time entry visa) is no longer 'valid' once it is used (entered the US) therefor the I-94 is what is used for the person's status. You should use the example form as your guide and use the current/expired I-94's expiration date.

I have been using the samples, just got a bit confused. Thank you for clearing that up. My question now is, if the I-94 is actually expired, what should I put down for status? Since the I-94 is expired then she is not a current k1 Visa holder anymore?

[Otto 83]

I have been using the samples, just got a bit confused. Thank you for clearing that up. My question now is, if the I-94 is actually expired, what should I put down for status? Since the I-94 is expired then she is not a current k1 Visa holder anymore?

"K-1 Visa Holder" (I know what you're going to say but it is what you should put.)..

[The_Dude 1,142]

I have been using the samples, just got a bit confused. Thank you for clearing that up. My question now is, if the I-94 is actually expired, what should I put down for status? Since the I-94 is expired then she is not a current k1 Visa holder anymore?

"K-1 Visa Holder" (I know what you're going to say but it is what you should put.)..

Well, the reason I asked is because a lot of this seems quite counterintuitive to me. But then again, this is immigration paperwork we're talking about, nothing seems to be intuitive.

Thank you very much for the responses and patience with my menial questions. I've kind of been stuck on this for a bit.

[Otto 83]

Well, the reason I asked is because a lot of this seems quite counterintuitive to me. But then again, this is immigration paperwork we're talking about, nothing seems to be intuitive.

I knew you'd say that...

It does seem that way - nevertheless it is what it is - (if you think about it, you are adjusting status based on being a K1 Visa holder whos immigration status is based on the I-94) even if her I-94 wasn't expired this question might have come up - but it worked for us and countless others (thank goodness for those that came before us on VJ)..

Edited June 25, 2009 by Otto und Karin