Jump to content
blabrada05

I-94 [edited title]

7 posts in this topic

Recommended Posts

My wife arrived here about two months ago on her K1 visa, we got married last month, my question is the following, does she have a specific time to change her status because we dont have the money yet, her I-194 expires in two weeks is that a problem?

Thank you

Share this post


Link to post
Share on other sites

My wife arrived here about two months ago on her K1 visa, we got married last month, my question is the following, does she have a specific time to change her status because we dont have the money yet, her I-194 expires in two weeks is that a problem?

Thank you

No, but she can't legally work and if she leaves the US, won't be allowed back in.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Share this post


Link to post
Share on other sites

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS, past K1~

(mod hat off)

A clarification, the I-94 is a Departure/Arrival document from the CBP.

The general forum recommendation is to start the AOS process as soon as possible after marriage. There is no set time limit. However, without AOS the alien spouse has very little that can be accomplished without it, no work, no foreign travel. If she is stopped by a roving CBP inspection patrol (can be prevalent at the SW southern US border area), she will be detained, and will likely have to appear before an immigration judge and explain the circumstances of her current immigration status. There are many more benefits to AOS filing.

File the AOS/EAD/AP (I-485/I-765/I-131) applications as soon as possible. There are no additional fees if filed concurrently. http://www.uscis.gov/i-485 This can be very useful considering the current protracted AOS processing times.

Good luck on your immigration journey.


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/

Share this post


Link to post
Share on other sites

There is no deadline to file AOS. You can still file even after your I-94 expires, but it is highly recommended you file as soon as you are able.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

Share this post


Link to post
Share on other sites

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence 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

Share this post


Link to post
Share on other sites

Thread title edited to correct the form number being referred to.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×