What happens when out of status

[cassecouilles 3]

Hi guys!

Not sure if this is the right forum for this but I have a quick question. I entered the US on a K1 visa in May, got married 4 days later and filed for AOS before the end of May. Since then we've moved, which messed the whole thing up and added several weeks to the process (we had to change our biometrics appointment twice because they kept making the appointment in Michigan whereas we'd moved to California. The thing is, my K1 stamp on my passport is only valid until the 8th of August. Once we're past that, I will be out of status right?? Is there anything that I need to do? My husband would like to fly over to Arizona to visit his family in two weeks, would I be ok to travel like this or would I get in trouble at the airport? I mean, it's not that I'm trick the system or anything, we've done everything by the book so far. I actually finally have my biometrics appointment this Friday. What do you guys think? Thanks!

Kimberly

[Asia 2,498]

Your visa was void after you left POE.

You are in status, since you are AOSing.

You can fly inside the US.

[Dave&Roza 748]

Hi guys!

Not sure if this is the right forum for this but I have a quick question. I entered the US on a K1 visa in May, got married 4 days later and filed for AOS before the end of May. Since then we've moved, which messed the whole thing up and added several weeks to the process (we had to change our biometrics appointment twice because they kept making the appointment in Michigan whereas we'd moved to California. The thing is, my K1 stamp on my passport is only valid until the 8th of August. Once we're past that, I will be out of status right?? Is there anything that I need to do? My husband would like to fly over to Arizona to visit his family in two weeks, would I be ok to travel like this or would I get in trouble at the airport? I mean, it's not that I'm trick the system or anything, we've done everything by the book so far. I actually finally have my biometrics appointment this Friday. What do you guys think? Thanks!

Kimberly

The K-1 is invalid the day it is used to enter the US. The expiration date on the K-1 is the last day you can use it to enter the US. Once it is used it does not matter anymoe. The I-94 is the governing document for valid status. It is valid for 90 days after you arrive. You MUST get married before the I-94 expires. Once you do that, you have completed the requirements of the K-1. The next step of filing for adjustment of status (AOS) has no time limit. If your I-94 is still valid you have no worries. If your I-94 is expired and you travel near any US border, but especially near the Southern Border and encounter a CBP check point, you may have issues as you are out-of-status. Since you have already filed for AOS you are in a state of authorized stay and can use the NOA1 from the AOS to prove that.

Flying domestically requires a valid government issued ID. You can use your foreign passport and they will not look for a visa. Keep the I-94 at home (if you have the paper version). The TSA is only checking that your ID name matches the boarding pass name. They have no authority to check your lawful status nor can they detain you for your lawful status being in question. They can call over a CBP employee that can detain you, but how many of those are just standing around at the security check point? Just have the NOA1 handy should there be a problem. My wife flew several times using her foreign passport with no issues until she received her GC.

You are fine,

Dave

Edited August 7, 2013 by Dave&Roza

[RiceCake 1]

Hi cassecouilles,

Asia is right. That stamp in your passport was 90 days from your date of entry and was simply the date before which you needed to get married to your U.S. citizen fiance. Because you got married within that required 90-day period and have now applied for Adjustment of Status (AOS) you are good to go and are not out of status. Yes, you can travel within the U.S. with no problem as long as you have your passport or valid U.S. ID but you if you travel internationally you will not be allowed back in unless you have your approved Advance Parole (AP) document with you. That is because the K-1 visa is single entry, so you cannot re-enter with that same visa if you leave. Best of luck with the process!

[Hypnos 6,576]

Once you file an I-485 (as you have), this places you into a new period of authorised stay which persists until your application is finally adjudicated. You are in status as a result of this, and so do not need to worry about that issue.

I would advise you to carry around a copy of the I-485 NOA that you can use to show you have applied for AoS in the extremely remote chance that you run into someone that you need to prove lawful status to.

[KayDeeCee 4,893]

~ Moved from AOS Family Based to Working and Traveling During US Immigration- topic about traveling domestically ~

[Noel194 53]

You are technically in a "Period of stay authorized by the Attorney General of he United States" between the expiration of you I-94 and the approval of your AOS. Your NOA1 and passport should be sufficient to prove status. You cannot be deported as any cmputer check would show that you are not out of status.

[TBoneTX 45,469]

The advice from Dave&Roza and Hypnos is the most pertinent and accurate in this thread. Follow it.