Applying for AOS with expired i-94 form for k1 visa

[kznova 2]

Iam applying for AOS now , i found that my i-94 was expired last week

i married during 90 days from the entry date as k1 fiance visa rules

but i don't know is there problem for applying to aos after that form was expired

i had to apply during this form is valid or just i had to marry during these 90 days

Best Regardes ,

[Bobby+Umit 161]

There will be no problem, as long as you file in a timely manner. couple of days, week, past the I-94 not a big issue. (personally - I recommend to file ASAP, prior to the I-94 expiring)

Once you get the NOA from the AOS filing, your status is safe.

There are a few posters that had issues with ICE - rare, but it can happen. (checkpoints, travel, AP, etc...)

But from what you posted - you should be "safe"

[Dakine 26]

You are OK.

Just stay away from borders where you may be checked by border patrol.

File ASAP

[kznova 2]

we almost will send the package on 29 cause the medical won't be ready untill this time

so i will be over the expired i-94 with 10 days

i wish realy we don't have any problems ...

Edited December 23, 2009 by kznova

[Bobby+Umit 161]

we almost will send the package on 29 cause the medical won't be ready untill this time

so i will be over the expired i-94 with 10 days

i wish realy we don't have any problems ...

Stay away from Texas their checkpoints are tough....

You should be fine -

[kznova 2]

Stay away from Texas their checkpoints are tough....

You should be fine -

Don't worry , I am between trees in Kentucky

you are from turkey viva Fenerbahce

Edited December 23, 2009 by kznova

[kitty rahman 0]

Dont worry if u married within the 90 days before ur visa expires u are ok, u can wait to fill out for AOS if u have a ny inconvenience the only thing is that u will be not able to work as a legal.

Iam applying for AOS now , i found that my i-94 was expired last week

i married during 90 days from the entry date as k1 fiance visa rules

but i don't know is there problem for applying to aos after that form was expired

i had to apply during this form is valid or just i had to marry during these 90 days

Best Regardes ,

[Bobby+Umit 161]

Dont worry if u married within the 90 days before ur visa expires u are ok, u can wait to fill out for AOS if u have a ny inconvenience the only thing is that u will be not able to work as a legal.

That is not entirely true.

Being out of status means the following (which happens when your I-94 expires)

1. Problems with ICE - since your out of status, they can start proceedings to remove you from the US.

2. Out of status clock starts ticking, if you go over 180 days, you are subject to a 3 year ban if you attempt to re-enter the US if you leave (say on the AP), over 1 year - even longer ban.

[paothao 0]

Do not worry, as long as you stay in the US, you can file whenever you want to do it (1yr, 2 yrs or I heard some people do it after 5 yrs and have no problem obtaining green card as long as you married within 90 days.

[NCWife 0]

It's okay, you are fine! As long as you apply whenever you have all your documentation ready, you will be okay but try not to delay too long. For some who apply 5 years after I-94 expires.. well, I don't know what to say!

Cheers..

[Elghazi2008 4]

Iam applying for AOS now , i found that my i-94 was expired last week

i married during 90 days from the entry date as k1 fiance visa rules

but i don't know is there problem for applying to aos after that form was expired

i had to apply during this form is valid or just i had to marry during these 90 days

Best Regardes ,

My husband's I-94 expired in May 2009 and we just managed to get around to filing the AOS in late November 2009. You are not required to file for AOS within a time limit, you are just urged to file as soon as you can. There are no repercussions that you will really have to deal with as long as you have filed the appropriate paperwork (I-130/I-129F). There have been issues with people who enter the US on a student visa which expires and then they get married to a USC without ever filing marriage-based paperwork... Then they're all confused about why they're getting yanked around by border control and immigration officers... You are fine, just file as soon as you can, don't put it on your back burner and forget about it.

[aydanalberto1 0]

My situation is a little different but my husbands I-94 was expired for 7 years when we applied for the green card. I say it's different because we were married so we didn't do the K-1 thing. Actually, we couldn't even find the original I-94 and it still wasn't a problem.

[VanessaTony 3,567]

My I-94 has expired but prior to it expiring I contacted USCIS to find out whether there was a deadline. This is what I was told when I told him I was K1 and married within 90 days:

"as long as you entered legally and married within the 90 days there is no deadline for AOS, however, you may encounter issues if you get too close to the boarders". He also advised that carrying my marriage licence and passport with the K1 will stop me getting locked up BUT that if I do get "caught" while out of status that I will need to file AOS immediately. I also (like I knew) can't leave the country.

I understand that some people don't know everything but everything he said makes complete sense. I will be filing AOS asap and wanted to do it before my I-94 expired but things happened to prevent it. Personally I was to apply ASAP for several reasons including the ability to work, and that the naturalisation clock starts from the date of the first GC (2 year conditional one) and not from our marriage date... and we would like to get started on his paperwork for Australia after my stuff is done.

Edited December 29, 2009 by Vanessa&Tony

[Philosykos 0]

My I-94 has expired but prior to it expiring I contacted USCIS to find out whether there was a deadline. This is what I was told when I told him I was K1 and married within 90 days:

"as long as you entered legally and married within the 90 days there is no deadline for AOS, however, you may encounter issues if you get too close to the boarders". He also advised that carrying my marriage licence and passport with the K1 will stop me getting locked up BUT that if I do get "caught" while out of status that I will need to file AOS immediately. I also (like I knew) can't leave the country.

Thanks for posting this info from USCIS, there seems to be a lot of confusion on this issue here. In another thread on the topic, someone tried to scare the OP by referencing the experience of a guy who was locked up and fined after having been out of status (yet married) on a visitor's visa, suggesting this might happen to a K-1. A K-1 holder, however, is in a very different situation, and as long as you can produce evidence of your legal entry and marriage, I highly doubt they would do anything to you but make you file AOS right away. The only firm deadline for a K-1 holder is to get married within 90 days, and it is only in your interest to file for AOS as soon as possible after the wedding in order to be able to work and travel internationally. Nobody will start removal proceedings against you as long as you don't do anything illegal.

We filed for AOS three weeks after I-94 expiration, and in the meantime I carried my passport and marriage license around, along with my valid US driver's license for general ID (which I have from my previous stay). While I would recommend to anyone to file for AOS as soon as possible, I would also say not to worry if you don't manage to do it within 90 days of arrival on a K-1.

(As a side note, I am wondering what border controls people are referring to when they say not to get anywhere near the borders while out of status? Are there officers walking around checking on people? I just spent a week out of status just across the lake from Canada and needless to say, I had zero contact with any CBP officers... Maybe those random checks on US territory are more common near the Mexican border? But the abovementioned guy cited in the other thread was busted on a bus to New York. What kind of checks are those? Just curious.)

[Bobby+Umit 161]

Thanks for posting this info from USCIS, there seems to be a lot of confusion on this issue here. In another thread on the topic, someone tried to scare the OP by referencing the experience of a guy who was locked up and fined after having been out of status (yet married) on a visitor's visa, suggesting this might happen to a K-1. A K-1 holder, however, is in a very different situation, and as long as you can produce evidence of your legal entry and marriage, I highly doubt they would do anything to you but make you file AOS right away. The only firm deadline for a K-1 holder is to get married within 90 days, and it is only in your interest to file for AOS as soon as possible after the wedding in order to be able to work and travel internationally. Nobody will start removal proceedings against you as long as you don't do anything illegal.

We filed for AOS three weeks after I-94 expiration, and in the meantime I carried my passport and marriage license around, along with my valid US driver's license for general ID (which I have from my previous stay). While I would recommend to anyone to file for AOS as soon as possible, I would also say not to worry if you don't manage to do it within 90 days of arrival on a K-1.

(As a side note, I am wondering what border controls people are referring to when they say not to get anywhere near the borders while out of status? Are there officers walking around checking on people? I just spent a week out of status just across the lake from Canada and needless to say, I had zero contact with any CBP officers... Maybe those random checks on US territory are more common near the Mexican border? But the abovementioned guy cited in the other thread was busted on a bus to New York. What kind of checks are those? Just curious.)

Bad advice IMO.

I called USCIS about this and they said to get your AOS done prior to being out of status. Which is controlled by your I-94. (Calling USCIS will produce different answers - several questions I have asked showed this to me).

So - you should base everything on what the current law says with the I-94. (I will keep it related to the K-1) - because that is what will be used, not some persons "comments".

Your "out of status" starts the day after your I-94 expires. Your "out of status" clock starts ticking. Coming in on a K-1 does not change this. Being married does not change this. Read the link provided above - it makes no mention of a K-1 or any visa for that matter.

If you leave the US after getting 180+ of out of status, and attempt to re-enter the US, you could face a ban. Even, (and confirmed with USCIS), if you are granted the AP, you are still subject to the ban. States that in the AP instructions (you will also notice that it makes no difference if your on a K-1 or not)

So - everyone that comes here intending to adjust status should do so as soon as possible. There is really no reason to wait. You should know the cost prior to doing it (If your coming in on a K-1) - so lack of funds should not figure into this.

Now - with that said, most people will have no issue with adjusting (even if late), however, some people have had issues, so I believe it is wrong to give people "wiggle" room - because they would suffer "if" they get picked for more intense scrunity. Which means to me if I have to "scare" someone to staying "legal" - I will do so....

The choice is up to you in the end, so it will be only you to suffer if you delayed and get "caught"

______

Yes, in areas where there are a lot of illegal traffic, they (ICE/CBP) setup checkpoints to check for illegals. Sometimes they check at bus depots, or even in airports.

Some definitions - notice it does not mention exceptions for K-1's.

Per the "State.gov"

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.

Overstay: An “Overstay” occurs when a visitor stays longer than permitted as shown on his/her Arrival/Departure (I-94) card. A violation of the CBP defined length of admission may make you ineligible for a visa in the future. See Out of status.