Is there a timeline to file AOS after expiration of I-94 and K-1

[Mckenziemick 2]

Hello to everyone joining me in a new life with a lifetime partner.My Fiancee and I were married within the 90 days or her arrival.Her I-94 expired on the 23rd of January 2010 and her Visa will expire on Feb 19th 2010.We have been working on the forms for AOS.Is there a timeline for getting the AOS filed.And will the expiration of her Visa and I-94 affect the final outcome of her status if so.

[Anh map 2,098]

Her K1 visa expired as soon as it was used to enter the US. There is no time requirement for filing for AOS. However she is currently out of status and that could potentially be a problem. There are many threads here on VJ about this subject.

Get the AOS filed as soon as you can. This protects her status here in the US. Apply for the Advance Parole if you think that she may want to travel outside the US and return prior to obtaining the Green Card. Also file for the EAD employment authorization if your spouse wants to work prior to obtaining the Green Card.

[Kang Lang 7]

everything the pp said is correct i would only add that you should keep your s.o. away from borders as well to be safe i believe there have been members here who have had problems with being out of status. we were late late late aos filers and were approved without incident. good luck and congrats on getting married.

[Mckenziemick 2]

everything the pp said is correct i would only add that you should keep your s.o. away from borders as well to be safe i believe there have been members here who have had problems with being out of status. we were late late late aos filers and were approved without incident. good luck and congrats on getting married.

Thank you both for your advice,we are working hard trying to finalize all the correct info for the forms.If anyone else has more to add I'd love to hear from you.Thank you thank you,Michael and Jenny

[Nik+Heather 121]

You already have the best advice. The answer to your question is file ASAP, since her I-94 (and therefore her legal status in the US) has expired. From the perspective of the AOS process, you will not have an issue, and also as previously mentioned, being out of status DOES put your wife at risk in other aspects. Should she come into contact with law enforcement she could be "detained" and have quite an unpleasant time (from hours to DAYS) while things get sorted out. It's not probable (how often do you interact with a police officer on duty??), but the consequences of waiting outweigh the benefits in my mind - especially if you have the money to file.

[elmcitymaven 9,711]

Moving to AOS Filing and Case Reports to AOS from Family Based Visas.

Please remember that this forum is for status updates, not AOS questions. We don't want questions to get lost!

[Jason-Sasha 1]

Listen, I can tell you that you are NOT out of status. My wife and I waited nearly a year and a half to file for AOS. We recently made 2 different Infopass appointments to speak with an officer due to our fears that she was "out of status". It just isn't true. Why would two seperate officers tell us that she is not out of status if that were the case? That term is used for all other visa holders that allow their visas to expire. We were very concerned that she wouldn't be allowed back into the states if she used her approved travel document (AP) and possibly face a ban for several years. This was the info that some members were feeding us. You can technically wait as long as you wish to Adjust Status. You just can't work, travel, obtain a driver's license, etc. etc. That is a big setback. Of course you need to keep your nose clean because you technically don't have any document proving your validity. If you feel you can live problem free until you're ready to adjust, that's up to you. Don't let anyone tell you that you waited too long or that you're out of status. You're NOT married to an illegal alien. Rest well.

[Mckenziemick 2]

Listen, I can tell you that you are NOT out of status. My wife and I waited nearly a year and a half to file for AOS. We recently made 2 different Infopass appointments to speak with an officer due to our fears that she was "out of status". It just isn't true. Why would two seperate officers tell us that she is not out of status if that were the case? That term is used for all other visa holders that allow their visas to expire. We were very concerned that she wouldn't be allowed back into the states if she used her approved travel document (AP) and possibly face a ban for several years. This was the info that some members were feeding us. You can technically wait as long as you wish to Adjust Status. You just can't work, travel, obtain a driver's license, etc. etc. That is a big setback. Of course you need to keep your nose clean because you technically don't have any document proving your validity. If you feel you can live problem free until you're ready to adjust, that's up to you. Don't let anyone tell you that you waited too long or that you're out of status. You're NOT married to an illegal alien. Rest well.

Thank you for the advice

[Nik+Heather 121]

Mick,

Please be sure to read the rebuttals of the opinions expressed in this thread before making any decisions.

http://www.visajourney.com/forums/index.php?showtopic=237125

[Dan and Pat! 0]

Mick,

Please be sure to read the rebuttals of the opinions expressed in this thread before making any decisions.

http://www.visajourney.com/forums/index.php?showtopic=237125

I saw a rebuttal, but it was further rebutted. Is there a consensus on this yet?

[Nik+Heather 121]

The biggest issue I have is with the source behind the assertions. They may be authoritative in other matters (How to fix your RFE, find out what's going on with your case, make a service request, expedite AP, etc.) but the people at the INFOPASS appointments are not even in the same department as the people who would ENFORCE a ban on an overstay (AP) or the department who you would deal with if there was some question about a person's status. As they aren't even in the same department, and you have to go all the way to DC to find a common supervisory level, the guy behind the counter at the INFOPASS can only offer you his opinion about things, and I don't consider it an authoritative source, especially when the claims go against what is written in the policy and on the forms.

[Bobby+Umit 161]

I saw a rebuttal, but it was further rebutted. Is there a consensus on this yet?

Read this - it answers all your questions.

The I-94 controls your status - not the visa you used to enter on.

Once your I-94 expires, you are "out of status" - go over 180 days, regardless if you had an AP issued, you could be subjected to a ban. (this was confirmed by USCIS infopass - so it shows you that you can get different answers, depending on who you talk to)

There is no "technically" about it. Your either "in status" or "out of status". If you get stopped by ICE, and your I-94 is out of status, again, regardless of your married to an USC or not, you will have issues with them.

Only the NOA from the AOS stops this.

Will waiting x number of years to AOS hurt your chances of doing an AOS? no - but you still could have issues with ICE/CBP, which is not USCIS.

Best advice, do your AOS before you go out of status - doing anything else is at your own peril.

Edited February 15, 2010 by Bobby+Umit

[john_and_marlene 162]

Q: If a K-1 waits for 18 months after their I-94 expires to file AOS and also applies for AP and leaves the U.S. with the AP, will they be allowed to come back to the U.S. with the AP?

A: No. They are inadmissible because of the 18 month overstay. They were out of status for 18 months and their departure triggered a 10 year bar.

Edited February 15, 2010 by john_and_marlene