Being Out of Status - do not worry people

[Bobby+Umit 161]

I'm not understanding you.

If your lawyer friend means "this is what we call such a person" then yes he is right. But there is no technical category in the INA for these persons.

That is what I am saying - that is what they call people doing the AOS - nothing concrete, but you will see alot of laywers tossing that phrase around.

[Old Dominion 26]

It goes without saying that anyone whose I-94 has expired, should make haste to file for AOS.

When it comes time to adjudicate the AOS in a bona fide marriage, the time spent out of status will usually not be held against the applicant. From the time I-94 has expired, to the time the NOA1 arrives for the AOS application, the person is taking a tremendous risk.

[edp333 9]

You want a link to out of status here you go: http://travel.state.gov/visa/frvi/glossary...ssary_1363.html

Out of status: A U.S. visa allows the bearer to apply for entry to the U.S. in a certain classification, for a specific purpose. For example, student , visitor (B), temporary worker (H). Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. When you arrive in the U.S., a Department of Homeland Security (DHS) Customs and Border Protection (CBP) inspector determines whether you will be admitted, length of stay and conditions of stay in, the U.S. When admitted you are given a Form I-94 (Arrival/Departure Record), which tells you when you must leave the U.S. The date granted on the I-94 card at the airport governs how long you may stay in the U.S. If you do not follow the requirements, you stay longer than that date, or you engage in activities not permitted for your particular type of visa, you violate your status and are considered be "out of status". It is important to understand the concept of immigration status and the consequences of violating that status. Failure to maintain status can result in arrest, and violators may be required to leave the U.S. Violation of status also can affect the prospect of readmission to the U.S. for a period of time, by making you ineligible for a visa. Most people who violate the terms of their status are barred from lawfully returning to the United States for years. See our Visa Expiration Date page for more information.

and more importantly: http://travel.state.gov/visa/temp/info/info_1298.html

The date or D/S notation, shown on your Arrival-Departure Record, I-94 or I-94W is the official record of the your authorized length of stay in the U.S. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the U.S.

Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more.

[NVC FAN :( 18]

aside from the supposed rules, why would anyone just marrying the woman of there dreams want to test the theory, and take the chance of there loved one being out of status for even one day. also my thinking during aos, file before the i94 expires and maybe i wont have an interview! Low and behold ! no interview for us got greencard in mail months after filing. put yourself in the position of the uscis, common human behavior , ' reward those that follow the rules' think about it.

do as you wish . gl with that

[Neonred 3,917]

aside from the supposed rules, why would anyone just marrying the woman of there dreams want to test the theory, and take the chance of there loved one being out of status for even one day. also my thinking during aos, file before the i94 expires and maybe i wont have an interview! Low and behold ! no interview for us got greencard in mail months after filing. put yourself in the position of the uscis, common human behavior , ' reward those that follow the rules' think about it.

do as you wish . gl with that

I think you actually believe what you wrote! LOL

[john_and_marlene 162]

http://www.uscis.gov/files/form/i-485instr.pdf

10. Who is not eligible to adjust status

Please see ( F ) You failed to maintain you non-immigrant status other than through no fault of your own or for technical reasons unless you are applying because you are a

(ii) A K-1 of K-2 fiance(e) dependant who married the US petitioner within 90 days.

Please read all the text in the link.

But I have come across some people who literally want to put the fear of God in others if they go over their I-94 departure date and have not adjusted their status. It is explicitly mentioned in the instructions of the I-485 that people adjusting from K-1 DO NOT go out of status. Which would make sense considering they give you 90 days to get married.......if you get married on the 89 day, who would be ready to adjust status 1 day later.

Hope this helps ease a few minds........ I literally had a sleepless night over this

You are reading something that is not there. Getting married within the 90 days preserves your ability to adjust status based on the K1 entry, but it does not say that it keeps you in status following the expiration of your I-94. To suggest that it does is incorrect and inappropriate advice.

[Eric-Pris 1,607]

That whole section is explaining who isnt allowed to adjust ? and it says that you are able to adjust if through no fault of your own or for technical reasons; unless you are applying because you are (ii) a k1 fiance who married within the 90days.

That doesnt say anywhere that you wont be out of status? it says you can apply for adjustment?

Unless im reading it wrong.

I agree. It's a bunch of double negatives and such, but nowhere does it say that k1's do not go out of status.

[Kiv 32]

If you cross a red light when nobody is watching you may not get a ticket, that does not mean it will definetelly not bring consecuences. Your choice. I would prefer to go safe, but that is just me.

Peace!

[Joan >3 Bob 20]

I recently heard from someone that has been here a year and married but never filed the I-485! Just thoughyt I would throw this in here sine someone posted to not worry if you go out of your status!

[NatPatBen 3]

.......if you get married on the 89 day, who would be ready to adjust status 1 day later.

You could be, if you have all the paperwork together. Then you just need the certified copy of marriage license.

We got married at JoP and instead of letting them keep the marriage license, we asked if we could get certified copies first. They let us take it a few blocks down to the courthouse and get certified copies, then leave the license with the courthouse.

Unfortunately, I hadn't had the thought to file AOS that very day (day before Thanksgiving), but if I were doing it over, I would.

[Eric-Pris 1,607]

I recently heard from someone that has been here a year and married but never filed the I-485! Just thoughyt I would throw this in here sine someone posted to not worry if you go out of your status!

What's the point? Just because they haven't been caught doesn't mean that it's ok. People have been here years before doing AOS, it can be done. But the whole time, they are out of status. And if they were to get into a sitaution where authorities would need to check them out, they could be getting a night in a cell in the immigration building and then a free plane ticket back to where they came from.

[NCWife 0]

I was one of the people. My GC was approved without interview even though I was out of status for a year. I was married within the 90 days and had to use the AOS fund that we set aside to pay some bills and put food on the table. It is not recommended to go out of status unless you have no choice. Being out of status constantly worried me because I didn't have anything to prove my legal presence in the US if I got stopped by some authority. I was not able to drive, work and was living under the radar. It was not fun and trust me it is not worth it! Apply AOS as soon as possible is the key!

Cheers..

I recently heard from someone that has been here a year and married but never filed the I-485! Just thoughyt I would throw this in here sine someone posted to not worry if you go out of your status!

[Joan >3 Bob 20]

Good advice. Why put yourself in a chance of being out of status even for one day? I did not let my wife be out of status even one day. I could not bear the worry and thought of her possibly (even though slight chance of) getting deported or risking out AOS approval. You never know what may happen...even a minor car accident and then the investigating officer asks for identification of all passengers. It is a plain fact...after 90 days a person is OUT OF STATUS! That means being in the USA in an illegal status!! HELLO!!!!!!!