I-94 and Visa has expired

[rienda 0]

we've got marriage last year, due to health problem, now we started paper work, unfortunately my spouse's visa and I-94 has been expired. What should we do?

Should we still write all info on all paperwork? What should we write on "current status" and " Occupation" boxes?

Thanks in advances.

[Otto 83]

More information would be helpful (such as which visa did you enter on). Essentially though - you'll complete the forms the same way you would had you done so before the I-94 expired.

Occupation doesn't always mean where you work - Baker or Doctor are occupations (for example).

[grega1956 0]

hello everyone, we are in the same situation here....we are filling out the paperwork now, and I am trying to answer a few question like:

I-94# - ?????

Curent USCIS Status - ????

Nonimmigrant Visa Number - ????

Any and all help is welcomed....

[Spoom 8]

Fill it in correctly and do not lie. USCIS has been known to grant AOS applications late.

[Dakine 26]

Fill out your timelines and type of visas!

[Merrytooth 5,748]

Going to come in on reissued K1 visa, and need to get married before 23th March to stay within K1 visa 90 days limits.

But can only fly over to US on 14th March. I thin we won't have enough to file AOS in time before I-94 expired.

So is it ok to file AOS eventhough K1/I-94 have expired?

[Bobby+Umit 161]

Going to come in on reissued K1 visa, and need to get married before 23th March to stay within K1 visa 90 days limits.

But can only fly over to US on 14th March. I thin we won't have enough to file AOS in time before I-94 expired.

So is it ok to file AOS eventhough K1/I-94 have expired?

As long as you get to the US prior to the K-1 expiring, you should be ok - they will give you 90 days from that entry (which is used to get married in)

Just try to get married before the I-94 expiration. You should endeavor in getting the AOS done soon after.

Sounds like you haven't entered the US yet?

[john_and_marlene 162]

As long as you get to the US prior to the K-1 expiring, you should be ok - they will give you 90 days from that entry (which is used to get married in)

She is coming on a revalidated K-1. The I-94 will only have 10 days on it (the remainder of the original 90 days). The original entry was Dec 24, 2009.

[M.O 6]

we've got marriage last year, due to health problem, now we started paper work, unfortunately my spouse's visa and I-94 has been expired. What should we do?

Should we still write all info on all paperwork? What should we write on "current status" and " Occupation" boxes?

Thanks in advances.

more info...

[Brother Hesekiel 2,235]

None of this matters.

First of all, due to a loophole in the law, a K-1 beneficiary who married the petitioner within the 90-day window is legally in the US based on the K-1 in her passport and the marriage certificate alone. There is no deadline for filing AOS although most do it in order to be allowed to work and to travel internationally.

If you entered with another visa than a K-1, any overstay is a non-issue and will be wiped clean at AOS.

Your status is either K-1 or B2, whatever your visa says. Only you know your occupation. It's what you do for making money. If you don't work, you are a "homemaker."

[Merrytooth 5,748]

As long as you get to the US prior to the K-1 expiring, you should be ok - they will give you 90 days from that entry (which is used to get married in)

Just try to get married before the I-94 expiration. You should endeavor in getting the AOS done soon after.

Sounds like you haven't entered the US yet?

Yes, I haven't enter the US yet. My K1-visa will be a reissued one, so I have a very tight schedule to complete my marriage before 23th March 2010 (within the 90 days limitation). Filing of AOS will be passed the 90 days.

Since my K1-visa is reissued by the US Embassy, I won't have problem with airport US Immigration Customs, right?

I am very worried about that.

Edited February 23, 2010 by Merrytooth