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PearlyLemons

A little concerned.

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Hello everyone

I arrived on September 14th on a K1 visa and my husband and I got married on Oct 5th. We filed for AOS with the EAD and AP at the same time - this was logged/received by USCIS on the 20th of November. My I-94 has since expired and now we are waiting to hear if we get an interview for AOS, and to be sent my AP/EAD cards. I have had my biometrics appointment.

What concerns me is that I am now 'out of status', and correct if I am wrong, but I am technically overstaying. Because of this, will this be a cause for concern regarding travel? If I were to use my AP and CBP ask me if I ever overstayed, what am I supposed to say? Could this cause a ban?

I've read a couple of posts on here that say it could cause an issue, but some people have said this happens regularly and there is no reason to worry. Logically, from looking at other's timelines this is a common situation, I'm just a worry wort unsure.png. Any advice or words of wisdom would be really appreciated!

Thank-you :),


K1 Visa

NOA2 - 13.04.13

Packet 3 received - 07.05.13

Packet 3 sent - 26.06.13

Packet 3 logged on CEAC - 09.07.13

Medical - 05.07.13

Medical results received at embassy - 10.07.13

DS2001 received at embassy 12.07.13

Last status update on CEAC 10.07.13 - Ready

Packet 4 received - 07.08.13

Interview - 15.08.13 - Approved.

AOS

AOS/EAD/AP filed 16.11.13

USCIS received applications 18.11.13

Biometrics appointment 13.12.13

Waiting..

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did you send your AOS petition before your I-94 expired? If so, is your NOA dated before the expiration of your I-94? if yes... then you do not accrue any overstay time, and even though you don't technically have a status right now.. or one is pending... you are not accruing any overstay time.

BUT..DO NOT leave the US until you get your AP, if you do your AOS petition will be deemed abandoned, and you will have to start all over again but this time, with a spousal visa.

Edited by S & P

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S&P, yes I sent it in before the I-94 expired and my NOA is dated before :). Thank-you for your reply.

Voltaire-er, thank-you for your reply.

Feeling better now!


K1 Visa

NOA2 - 13.04.13

Packet 3 received - 07.05.13

Packet 3 sent - 26.06.13

Packet 3 logged on CEAC - 09.07.13

Medical - 05.07.13

Medical results received at embassy - 10.07.13

DS2001 received at embassy 12.07.13

Last status update on CEAC 10.07.13 - Ready

Packet 4 received - 07.08.13

Interview - 15.08.13 - Approved.

AOS

AOS/EAD/AP filed 16.11.13

USCIS received applications 18.11.13

Biometrics appointment 13.12.13

Waiting..

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be handy if you updated your timeline so people can see where you are, when you entered and filed etc

:thumbs:


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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There is no deadline to file for AOS. You only have to marry within the 90 days of entry to be eligible to file for AOS. You would be out of status when the I-94 expires, but filing AOS places you in a new period of authorized stay and stops the clock on any further overstay accrual.


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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