help!!!!response needed ASAP!!!!*sigh*

[loving_gabriela 0]

Hi everyone!Please if you can enlighten us with this problem, we will gladly appreciate it. If you have experience same thing or have heard same case, what did they do?

Here's our case. I came here on K1 visa. We've called the immigration office before asking if there is a deadline to apply for the AOS and they told us there is no specific time since we were trying to save up for the application first. Now we called them again after checking my passport to find out the expiration of my K1 visa which is next month,so my husband called the Immigration to inquire about it,if we can apply for an extension or something, and we were surprised about what they said. If we pay the AOS tomorrow and if we haven't receive the receipt of the AOS, i will be forced to go back to my country. We were not expecting this. We relied on what the immigration told us that there is no problem if we dont apply for the aos right away. Now we are both in a hurry to apply tomorrow.

Is there anyone of you who have experienced the same thing? Is that true, if we dont receive the receipt of the AOS after filing it, i will be forced to go back to my country? This is really very disappointing.

[dutchmatt 1]

Are you married yet? If not, that would be first thing I'd do. If you are married then your K1 is expired already. Either way, you'll have to start the process soon. Find the money, any way you can - no point in screwing your life up...its just money.

[loving_gabriela 0]

Are you married yet? If not, that would be first thing I'd do. If you are married then your K1 is expired already. Either way, you'll have to start the process soon. Find the money, any way you can - no point in screwing your life up...its just money.

yes we got married last June. We will be applying for the AOS tomorrow. The question is what if we didnt receive the receipt of aos before my visa expires? it says in the passport my K1 visa expires Sept 2,2009.

[dutchmatt 1]

Are you married yet? If not, that would be first thing I'd do. If you are married then your K1 is expired already. Either way, you'll have to start the process soon. Find the money, any way you can - no point in screwing your life up...its just money.

yes we got married last June. We will be applying for the AOS tomorrow. The question is what if we didnt receive the receipt of aos before my visa expires? it says in the passport my K1 visa expires Sept 2,2009.

The K1 has already expired if you are married.

[Kathryn41 3,207]

You do not need to go back to your country. The K-1 visa was used when you entered the country. You got married within the 90 days after you entered - the time that is stated on the I-94. It is the I-94 date that is important - not the K-1 date. While you are supposed to file the AOS application before the I-94 expires, you are not required to leave the country if you don't - in fact, you don't want to leave the country because then you have to start the whole immigration process all over again before you would be allowed back in.

Let me offer some more reassurance. The 1-800 number that you called is also known as the 'Misinformation line". You can call 5 different times and ask the same question - and get 5 different answers. All 5 of them may even be wrong. The person you speak to on that line is not an immigration officer - they are call center employees reading from a script and they often don't know what they are talking about.

When the I-94 expires, you are no longer legally in the US and will accumulate 'out of status' days. A few out of status days won't be a problem. If you have more than 180 out of status days or more, though, it is a problem if you leave the US without your green card because you would have a multi-year ban on returning to the US.

So, get your AOS in asap. Once it is accepted your status changes to 'AOS applicant' - a legal status that allows you to remain in the US legally. You will receive an NOA receipt that is your proof that you have filed. As long as you don't do anything to bring yourself to the attention of authorities (ie a border patrol, police, etc.) until you receive the receipt, you are going to be fine. They are not going to be looking for you - and you should definitely NOT leave the US. Good luck.

Edited August 11, 2009 by Kathryn41

[loving_gabriela 0]

You do not need to go back to your country. The K-1 visa was used when you entered the country. You got married within the 90 days after you entered - the time that is stated on the I-94. It is the I-94 date that is important - not the K-1 date. While you are supposed to file the AOS application before the I-94 expires, you are not required to leave the country if you don't - in fact, you don't want to leave the country because then you have to start the whole immigration process all over again before you would be allowed back in.

Let me offer some more reassurance. The 1-800 number that you called is also known as the 'Misinformation line". You can call 5 different times and ask the same question - and get 5 different answers. All 5 of them may even be wrong. The person you speak to on that line is not an immigration officer - they are call center employees reading from a script and they often don't know what they are talking about.

When the I-94 expires, you are no longer legally in the US and will accumulate 'out of status' days. A few out of status days won't be a problem. If you have more than 180 out of status days or more, though, it is a problem if you leave the US without your green card because you would have a multi-year ban on returning to the US.

So, get your AOS in asap. Once it is accepted your status changes to 'AOS applicant' - a legal status that allows you to remain in the US legally. You will receive an NOA receipt that is your proof that you have filed. As long as you don't do anything to bring yourself to the attention of authorities (ie a border patrol, police, etc.) until you receive the receipt, you are going to be fine. They are not going to be looking for you - and you should definitely NOT leave the US. Good luck.

thank you very much kathryn for these information. We will be applying for my AOS tomorrow. My question is how long will it take before we receive the receipt?

[Kinito_2k3 5]

You do not need to go back to your country. The K-1 visa was used when you entered the country. You got married within the 90 days after you entered - the time that is stated on the I-94. It is the I-94 date that is important - not the K-1 date. While you are supposed to file the AOS application before the I-94 expires, you are not required to leave the country if you don't - in fact, you don't want to leave the country because then you have to start the whole immigration process all over again before you would be allowed back in.

Let me offer some more reassurance. The 1-800 number that you called is also known as the 'Misinformation line". You can call 5 different times and ask the same question - and get 5 different answers. All 5 of them may even be wrong. The person you speak to on that line is not an immigration officer - they are call center employees reading from a script and they often don't know what they are talking about.

When the I-94 expires, you are no longer legally in the US and will accumulate 'out of status' days. A few out of status days won't be a problem. If you have more than 180 out of status days or more, though, it is a problem if you leave the US without your green card because you would have a multi-year ban on returning to the US.

So, get your AOS in asap. Once it is accepted your status changes to 'AOS applicant' - a legal status that allows you to remain in the US legally. You will receive an NOA receipt that is your proof that you have filed. As long as you don't do anything to bring yourself to the attention of authorities (ie a border patrol, police, etc.) until you receive the receipt, you are going to be fine. They are not going to be looking for you - and you should definitely NOT leave the US. Good luck.

thank you very much kathryn for these information. We will be applying for my AOS tomorrow. My question is how long will it take before we receive the receipt?

It usually takes a week or two

[MikenKyhen 0]

You do not need to go back to your country. The K-1 visa was used when you entered the country. You got married within the 90 days after you entered - the time that is stated on the I-94. It is the I-94 date that is important - not the K-1 date. While you are supposed to file the AOS application before the I-94 expires, you are not required to leave the country if you don't - in fact, you don't want to leave the country because then you have to start the whole immigration process all over again before you would be allowed back in.

Let me offer some more reassurance. The 1-800 number that you called is also known as the 'Misinformation line". You can call 5 different times and ask the same question - and get 5 different answers. All 5 of them may even be wrong. The person you speak to on that line is not an immigration officer - they are call center employees reading from a script and they often don't know what they are talking about.

When the I-94 expires, you are no longer legally in the US and will accumulate 'out of status' days. A few out of status days won't be a problem. If you have more than 180 out of status days or more, though, it is a problem if you leave the US without your green card because you would have a multi-year ban on returning to the US.

So, get your AOS in asap. Once it is accepted your status changes to 'AOS applicant' - a legal status that allows you to remain in the US legally. You will receive an NOA receipt that is your proof that you have filed. As long as you don't do anything to bring yourself to the attention of authorities (ie a border patrol, police, etc.) until you receive the receipt, you are going to be fine. They are not going to be looking for you - and you should definitely NOT leave the US. Good luck.

As always, Kathryn has nailed it. Heed her advice and you should be fine.

[Nik+Heather 122]

Going by your timeline (the AOS review) you entered on April 10th, so I hope you were married before June 10th (or thereabouts).

If indeed you did enter with your K1 on April 10th, you are already out of status by a month. As Kathrine said, so long as you were married before your I94 expired you are technically OK, but it is strongly recommended that you get your AOS in right way as you are already doing. Not to get you anxious or anything, just to keep you from thinking maybe the first person on the misinformation was right all along.

[JERIII 8]

Going by your timeline (the AOS review) you entered on April 10th, so I hope you were married before June 10th (or thereabouts).

I think you mean JULY 10th, no?

[Nik+Heather 122]

Going by your timeline (the AOS review) you entered on April 10th, so I hope you were married before June 10th (or thereabouts).

I think you mean JULY 10th, no?

It starts with a J, that makes it the same. *nods* I counted April May June, should have done May June July. Sorry.

[Otto 83]

April 10 plus 90 days would be July 09.