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Filed: IR-5 Country: Philippines
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Posted

HI eVERYONE!I ENTERED US AS A K1 IN SEPT. AND MY EXPIRATION IS DEC. AND GOT MARRIED SEPT BUT UNTIL NOW, WERE NOT YET DONE ON MY AOS AND STILL WORKING ON THE PAPERS AND HOPEFULLY EARLY NEXT MONTH WI WILL SEND THE PACKAGE.NOW,MY QUESTION IS, AM I OUT OF STATUS IF I FILE THE AOS AFTER THE EXPIRATION OF MY I-94?

Posted

Once the I-94 expires you are in a state of limbo as you married within the 90 day time frame of the K-1 visa. If you should happen to get "caught" by any CBP person, they can detain you and haul you in front of an immigration judge who will just tell you to file AOS ASAP. If you live in any state that has a large population of CBP roaming around--i.e. New Mexico, Arizona, California, Texas--then I would make certain to file the AOS before the I-94 expires. Other states less chance of meeting these CBP people so not as important to file the AOS. There is no time limit, however; there is a difference of opinion as to the conquense if you wait beyond the date of being married more than two years for the AOS to be approved.

Relax and enjoy married life.

Dave

 
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