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truthlover

Out of Status K1 visa

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Hi!

n

I'm currently out of status due to lack of funds. But we are planning to apply for Adjustment of Status 2 weeks from now.

My problem is I want to join a photography contest that requires the participants to be legal residents of USA. Am I considered a legal resident in the US taking into account the fact that my K1 visa expired a month ago and I have not filed AOS Yet? Would joining this contest cause me legal problems when I adjust my status 2 weeks from now? What is your take guys? Should I join? Or, should I just let it pass until I get the AOS done?

Thanks for your replies.

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Joining the contest won't hurt you. But according to the rules you've stated, you are not eligible until you have a GC.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Hi!

n

I'm currently out of status due to lack of funds. But we are planning to apply for Adjustment of Status 2 weeks from now.

My problem is I want to join a photography contest that requires the participants to be legal residents of USA. Am I considered a legal resident in the US taking into account the fact that my K1 visa expired a month ago and I have not filed AOS Yet? Would joining this contest cause me legal problems when I adjust my status 2 weeks from now? What is your take guys? Should I join? Or, should I just let it pass until I get the AOS done?

Thanks for your replies.

Joining the contest will not create any immigration problems for you. The only problem is that you don't meet the contest's requirement to participate.

You are not a legal resident of the US. You are a K-1 visa overstay with temporary permission to stay in the US while your AOS is being processed. You become a legal resident only when you get your green card.

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Hi!

n

I'm currently out of status due to lack of funds. But we are planning to apply for Adjustment of Status 2 weeks from now.

My problem is I want to join a photography contest that requires the participants to be legal residents of USA. Am I considered a legal resident in the US taking into account the fact that my K1 visa expired a month ago and I have not filed AOS Yet? Would joining this contest cause me legal problems when I adjust my status 2 weeks from now? What is your take guys? Should I join? Or, should I just let it pass until I get the AOS done?

Thanks for your replies.

No. Your K1 visa expired the very moment you used it to enter the United States. It's a single entry deal - once you use it, it's done. Then you get an I-94 which is good for 90 days and you must get married in those 90 days. Once that expires, even if you're married, you're "out of status" until you file for AOS and receive your green card.

You are not a legal resident yet.

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Joining the contest will not create any immigration problems for you. The only problem is that you don't meet the contest's requirement to participate.

You are not a legal resident of the US. You are a K-1 visa overstay with temporary permission to stay in the US while your AOS is being processed. You become a legal resident only when you get your green card.

Got it. Thanks.

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You are not totally legal but not out of status...is like you re caught in the middle right now. At least you married your spouse within the 90 days, and while you are married to an us citizen you are fine. But without the greencard or at least the EAD/AP card, there is not much you can do...so file as soon as you can! Good luck buddy!


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You are not totally legal but not out of status...is like you re caught in the middle right now. At least you married your spouse within the 90 days, and while you are married to an us citizen you are fine. But without the greencard or at least the EAD/AP card, there is not much you can do...so file as soon as you can! Good luck buddy!

Thank you. Yes we got married before 90 days. We are getting all the documents ready now and plan to file for AOS around first week of October.

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You are not totally legal but not out of status...is like you re caught in the middle right now. At least you married your spouse within the 90 days, and while you are married to an us citizen you are fine. But without the greencard or at least the EAD/AP card, there is not much you can do...so file as soon as you can! Good luck buddy!

Once the I-94 expires, you are out of status (like the others above in this thread stated). Being married within 90 days of entry fulfills the conditions of the K-1 and makes you eligible to adjust status. Being married to a USC does not give you any legal status in the US. It is simply a fact that if the I-94 expires and you have not filed for AOS yet, you are out of status. There is no deadline to file for AOS, but you are still out of status in the time between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Once the I-94 expires, you are out of status (like the others above in this thread stated). Being married within 90 days of entry fulfills the conditions of the K-1 and makes you eligible to adjust status. Being married to a USC does not give you any legal status in the US. It is simply a fact that if the I-94 expires and you have not filed for AOS yet, you are out of status. There is no deadline to file for AOS, but you are still out of status in the time between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

Exactly. :thumbs:

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You will not be a legal resident until you get green card. At this point, with expired I-94 you actually are out of status. Keep in mind if you just send I-485 your AOS will be denied.

And why is that?

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