question about AOS

[kokoninicko 1]

Hello guys!

I just want to ask what will happen if your i94 expires before you were able to adjust your status?

But we already got married and applied for SSN.

[Prince 1214 0]

Dear, you would be said to leave United States of America for sure. Because for continuing the legal status, you have to file AOS within 90 days of arrival or before the date mentioned on I-94.

As far as Social Security & Marriage Certificate is concerned, that have nothing to do with your extension of legal status.

[cdneh 3,112]

Dear, you would be said to leave United States of America for sure. Because for continuing the legal status, you have to file AOS within 90 days of arrival or before the date mentioned on I-94.

As far as Social Security & Marriage Certificate is concerned, that have nothing to do with your extension of legal status.

You are incorrect. There is no time frame to file. You won't be able to work, or travel however, until you do.

[kokoninicko 1]

Hello guys!

I just want to ask what will happen if your i94 expires before you were able to adjust your status?

But we already got married and applied for SSN.

my I94 will expire February18 and we can only file at the end of Feb.

BDW, I posted this question to the AOS forum and got this answers

http://www.visajourney.com/forums/topic/409942-question-about-aos/

I freaked out when the first person said that I may be kicked out here in US.

[kokoninicko 1]

You are incorrect. There is no time frame to file. You won't be able to work, or travel however, until you do.

Yeah! I read a lot of forums here saying that there's no expiration to file for AOS. although it's better if we apply the soonest because we will be tagged as out of status

[Villanelle 4,121]

Well theres what could potentially happen and what definitely wont happen if you arrived on a K1 and do not file for AOS. As cdneh posted you wont be able to work or leave the US. What could potentially happen is you get detained by USCIS (which could happen if you live in a border state) or you are arrested and your immigration status is questioned- if it is and it is discovered that your visa has expired and you are out of status, you will be detained.

When you file for AOS as a K1 you are placed in a period of authorized stay until your GC is approved. If you fail to file AOS you have no status. Once you are detained youll have to go before an immigration judge who will order you (with the aid of your spouse or alone through a VAWA claim) to file to adjust your status with in a certain time period or leave the country. You should be released on your own recognizance. (im not sure if theres any fines though, there probably is, as there typically are in court matters)

Edited January 18, 2013 by capri

[cdneh 3,112]

Yeah! I read a lot of forums here saying that there's no expiration to file for AOS. although it's better if we apply the soonest because we will be tagged as out of status

Exactly. As long as you have married in the 90 day time frame. Ideally, you should file before the I94 expires, but that isn't always possible. You won't be detained. You are out of status after the I94 expires, but still here legally. Best to file as soon as you are able.

Well theres what could potentially happen and what definitely wont happen if you arrived on a K1 and do not file for AOS. As cdneh posted you wont be able to work or leave the US. What could potentially happen is you get detained by USCIS (which could happen if you live in a border state) or you are arrested and your immigration status is questioned- if it is and it is discovered that your visa has expired and you are out of status, you will be detained.

When you file for AOS as a K1 you are placed in a period of authorized stay until your GC is approved. If you fail to file AOS you have no status. Once you are detained youll have to go before an immigration judge who will order you (with the aid of your spouse or alone through a VAWA claim) to file to adjust your status with in a certain time period or leave the country. You should be released on your own recognizance. (im not sure if theres any fines though, there probably is, as there typically are in court matters)

Unlikely. You won't be detained, or fined. She is here legally, just out of status, there is a difference.

[kokoninicko 1]

Detained?

[amykathleen2005 441]

Officially you are out of status at that time but you are also able to adjust so you will not be kicked out. Do it as soon as possible and don't commit any crimes!

Edited January 18, 2013 by amykathleen2005

[Villanelle 4,121]

Yes detained.

When your 1-94 expires you are out of status. Its as simple as that. Each day you accrue unlawful presence. When you file for AOS it places you in a period of authorized stay. When your GC is issued the unlawful presence you accrued is forgiven.

When you file for AOS you receive a NOA. It is your proof of filing and 'authorized stay'. If you are detained by immigration for whatever reason and you have not filed for AOS, as I stated they will require you to do so, or deport you if you fail to do in the required timeframe as you no longer have a valid visa. Being married does not give you status.

If you are out of status and immigration is alerted to the fact, you will be detained. There is no looking the other way because you are married. The marriage itself does not give you any status or protection. Filing for AOS does.

Edited January 18, 2013 by capri

[Villanelle 4,121]

And the fines? I dont know. That Im speculating. I just cant imagine going to a court where they didnt charge you for court costs.

[cdneh 3,112]

No. You will NOT be detained! You will NOT accrue days out of status! You aren't going to be fined. Neither will they deport you for not filing in "required time frame" , there is NO required time frame!

If you do not know the answer to a question, please don't post.

[cdneh 3,112]

Yes detained.

When your 1-94 expires you are out of status. Its as simple as that. Each day you accrue unlawful presence. When you file for AOS it places you in a period of authorized stay. When your GC is issued the unlawful presence you accrued is forgiven.

When you file for AOS you receive a NOA. It is your proof of filing and 'authorized stay'. If you are detained by immigration for whatever reason and you have not filed for AOS, as I stated they will require you to do so, or deport you if you fail to do in the required timeframe as you no longer have a valid visa. Being married does not give you status.

If you are out of status and immigration is alerted to the fact, you will be detained. There is no looking the other way because you are married. The marriage itself does not give you any status or protection. Filing for AOS does.

You clearly do not understand what you are saying. If you are unsure, it is better not to post at all, especially such spurious speculation.

If she has an expired I-94 she is out of status. She still has a legal presence.

[Villanelle 4,121]

Oh my goodness there are plenty of posts on this forum on this very topic.

When your 1-94 expires you are out of status. We agree on that right? Soooo-

Adjustment of Status under Section 245 of the INA.

© On Unlawful Presence under Section 212(a)(9)(B) and © of the Act .

If the alien is not in an authorized period of stay, the fact that he or she is a grandfathered alien does not prevent the alien from accruing unlawful presence under section 212(a)(9)(B) and © of the Act.

The only way to obtain a period of authorized stay is to file for AOS. If you do not, you are accruing unlawful presence- if you are picked up by immigration for whatever reason during that time period, they will detain you. The immigration judge will order you to file for AOS in a required time frame and release you. They will follow up to see if you complied, if you didnt and you ignore the immigration judges orders, he has the power to deport you as by that time you would have significant unlawful presence and violated his order.

And FYI- The above is what would happen to a spouse of a USC who fails to file for AOS. Typically the judge will release them and give them the opportunity to file on their own. Heres an article about refugees, who came to the country and failed to adjust status because they didnt understand the process or requirements. They were caught, detained and ordered to remain in jail until their AOS is complete.

http://www.hrw.org/news/2009/12/28/united-states-end-detention-refugees-failure-file-forms

So again, once your K1 expires and you file for AOS and are placed in a period of authorized stay- yes you can be detained. Yes, you can be ordered to sit in jail and wait for your AOS to be completed if the judge orders it (rarely happens to spouses of USCs) and yes, you are accruing unlawful presence days, each day that passes until you get your GC, but they will be forgiven.

[KayDeeCee 4,892]

No. You will NOT be detained! You will NOT accrue days out of status! You aren't going to be fined. Neither will they deport you for not filing in "required time frame" , there is NO required time frame!

If you do not know the answer to a question, please don't post.

I am sorry, but you are incorrect. If you come here on a K-1, get married within the 90 days but do not file for AOS before the I-94 expires, you DO begin to accrue overstay. Once you file for AOS, the overstay clock will stop and you will be in a period of authorized stay.

There is no deadline to file for AOS. That is true. However, it is not true that you will not be out of status. Out of status = unlawful presence. Please search VJ for many many posts on this topic.

It is unlikely you would ever be detained but it IS possible, even if it is a small one. You would not be deported if you were detained. Since you would be eligible to file for AOS, the judge would most likely just order you to file for AOS immediately.

Lots of people file for AOS a few weeks or months(some even years) after their I-94 is expired and never have any problems due to overstay.