AOS off of K-1 Help

[K1visaHopeful 2,662]

6 minutes ago, missileman said:

When a person enters the US via a K-1 visa, the expiration of the K-1 visa is irrelevant. But they are authorized per their I-94 to remain in the US for 90 days from the date of US entry.  After that 90 days ends, they are overstaying like any other visa holder who stays beyond the expiration of the I-94.  However, once/whenever the I-485 is filed, they are still given "authorized stay" while the I-485 is pending.......If the I-485 is approved, then any Overstay would be "forgiven".

Hmmm interesting! I didnt know that it was considered as an overstay.

So answer me this then (not hijacking the post):

What is the official immigration status of:

1) a K1 who has filed for AOS before the expiration of their I94 AFTER the I94 expires?

2) a K1 who does not file AOS and their I94 expires?

3) a K1 who has filed for AOS AFTER the I94 expires? Is their a difference in statuses between 1) & 3) after both have filed?

[ThomasNC1988 762]

1 minute ago, missileman said:

From what I understand, being out of status is no piece of cake.........can't drive, can't work, can't re-enter the country, can't open a bank account..........filing for AOS as soon as possible has its advantages......

Yeah that can't do anything period is terrible for most, but workable for some especially in bigger cities with a plan for a one income household. That plan would be awful for most I would think.

[K & R 343]

19 minutes ago, ThomasNC1988 said:

You should probably stop giving advice if you do not know what you all talking about. That is all wrong as posted by everyone else here. Stop fear mongering.

Being out of status and not filing AOS in time isn’t ideal advice because it is possible to be deported with an expired I-94 and no pending AOS. I’m not gonna advise someone to purposely wait past the 90 days. Chill.

[Crazy Cat 39,222]

14 minutes ago, K1visaHopeful said:

Hmmm interesting! I didnt know that it was considered as an overstay.

So answer me this then (not hijacking the post):

What is the official immigration status of:

1) a K1 who has filed for AOS before the expiration of their I94 AFTER the I94 expires?

2) a K1 who does not file AOS and their I94 expires?

3) a K1 who has filed for AOS AFTER the I94 expires? Is their a difference in statuses between 1) & 3) after both have filed?

1.  Legal status until the I-94 expires..."Authorized stay"until I-485 is adjudicated.  Authorized stay is not a legal status.

2.  Legal status until the I-94 expires....then, No legal status, not authorized to stay.

3.  Same status as #1 once the I-485 has been filed.

Edited December 6, 2018 by missileman

[Boiler 43,433]

Why on earth would you delay?

[SalishSea 16,770]

42 minutes ago, Boiler said:

Why on earth would you delay?

Especially since if your field office is taking >1 year until GC interviews (like ours), the combo card is FREE when filed for with AOS, and can theoretically be issued within 4-6 months.  

[Ksenia_O 695]

7 hours ago, Megan and Ehan said:

Hey everyone, 

K1 approved and Married 11/20/18 and his K1 visa is expired 12-12-18... Do we have to have all of the paperwork for AOS filled and sent in by then? Or is it more lenient because we are married now?

Also do I the petitioner have to submit another affidavit of support for the AOS or can I just submit supporting financial documents? 

Did you make a nice binder/folder to make it presentable? 

Also the medical exam was sent from husbands country to the US embassy, is this something that is accessible on their end? 

THANKS everyone. 

 

As others have mentioned -  the sooner you file, the better.

 

Here is some advices /filing tips from USCIS website - can be very helpful

https://www.uscis.gov/forms-filing-tips

• In preparing your packet, remember:
  • Do not use binders or folders that we cannot easily disassemble.
  • Use fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
  • Sticky tabs assist in locating items listed as attachments. For easy filing, place the tabs on the bottom of the page, not the side.
  • Do not use heavy-duty staples; instead use fasteners or heavy clips.
  • Do not submit originals unless specifically required. 
  • Do not submit oversized documentation unless it is necessary.

Good luck!

Edited December 6, 2018 by Ksenia_O

[Gibus 202]

12 hours ago, Megan and Ehan said:

Hey everyone, 

K1 approved and Married 11/20/18 and his K1 visa is expired 12-12-18... Do we have to have all of the paperwork for AOS filled and sent in by then? Or is it more lenient because we are married now?

Also do I the petitioner have to submit another affidavit of support for the AOS or can I just submit supporting financial documents? 

Did you make a nice binder/folder to make it presentable? 

Also the medical exam was sent from husbands country to the US embassy, is this something that is accessible on their end? 

THANKS everyone. 

 

I am confused about what you said about the medical exam. They are supposed to give your husband an enveloppe with the medical inside that he has to give at the port of entry and he is supposed to have a copy of the vaccination sheet when he did the medical exam overseas.

 

My advice would be to not waist time but also to take the time to look at the AOS process, because you really seem confused. You need to know what you are doing, there's plenty of information available on the USCIS website about what you need for the AOS and even more on VJ. 

 

If you want things to work and avoid rejection and more delays, you guys must take a serious look on the process and be prepared. Seems like you overlooked that important part.

 

But good luck to you and hope things will work for you guys!

[geowrian 22,335]

Filing before the 90 days is highly suggested. One is still allowed to file after the 90 days while out of status.

Overstaying by even 1 day has consequences. For instance, there is 1 VJ user in the past week who filed for AOS on the 92nd day. While AOS was pending, the marriage fell apart and they returned abroad. Now they want to visit again. Due to the overstay, one's existing tourist visa (if it was not cancelled already) is automatically cancelled and they are permanently ineligible for an ESTA.

Overstaying by 180 or more days then exiting without AP would result in a 3+ year ban.

tldr: File within the 90 days.

 

11 hours ago, K1visaHopeful said:

What is the official immigration status of:

1) a K1 who has filed for AOS before the expiration of their I94 AFTER the I94 expires?

2) a K1 who does not file AOS and their I94 expires?

3) a K1 who has filed for AOS AFTER the I94 expires? Is their a difference in statuses between 1) & 3) after both have filed?

1. No legal status. They have an authorized stay from the Attorney General and no unlawful presence accumulated.
2. No legal status nor authorized stay, and is accumulating unlawful presence. Any other visas they have are now void and they can never use the VWP again. They are in the same boat as anybody else who is overstaying a visa.
3. Same as #1, except they have at least 1 day of unlawful presence accrued from before filing for AOS. Any other visas they have are voided, and they are permanently ineligible for the VWP / an ESTA.
   1. If they obtain AP and exit the US, they are exempt from the unlawful presence bar normally obtained if one has 180+ days of unlawful presence accrued.

[Ketsuban 1,034]

13 hours ago, ThomasNC1988 said:

Some here have even floated the idea of waiting to file AOS to avoid ROC later. As in if your office is taking 18 months to process AOS wait 6 months to file so your GC is approved after your 2 year anniversary. No downside to this except being in that can't do anything phase post I94 expiration pre EAD. Not suggesting that but don't worry about rushing to beat the 90 days.

I don't get why people would do that unless they never intended to work (e.g. stay at home mum). You save a few hundred bucks if you skip it but miss out on thousands in income from not being able to work 😐 

[Ksenia_O 695]

3 minutes ago, Ketsuban said:

I don't get why people would do that unless they never intended to work (e.g. stay at home mum). You save a few hundred bucks if you skip it but miss out on thousands in income from not being able to work 😐 

That's what bothers me every time I read about a possible AOS delay.. 

It's always mentioned how much could be saved by skipping the AOS.  But it's always left behind or forgotten -  to calculate -   how much could be earned for the years, by the ROC time. 

 

Also... Ok, if someone doesn't want to work, or doesn't need, or can't - I get it.

 

 But even if  you are a stay at home mom/wife... How is that possible to do all those home "duties" -   kids, school, grocery store and a lot of other things that need to be done, even if it's a beauty saloon or gym  - without a Driver License?

You can't get DL without EAD, and there is no EAD without I-485 pending. So what's the point?  Besides, it's not the greatest status either. Basically, no status, at all. And being an undocumented...   I would not enjoy that. But it's just me.

[geowrian 22,335]

12 minutes ago, Ksenia_O said:

But even if  you are a stay at home mom/wife... How is that possible to do all those home "duties" -   kids, school, grocery store and a lot of other things that need to be done, even if it's a beauty saloon or gym  - without a Driver License?

You can't get DL without EAD, and there is no EAD without I-485 pending. So what's the point?  Besides, it's not the greatest status either. Basically, no status, at all. And being an undocumented...   I would not enjoy that. But it's just me

Some states permit getting a driver's license or state ID even without status.

Others live in an area where driving isn't necessary.

 

But yes, it's a bad position to be in and should be avoided. Waiting to try to skip ROC is foolish.

Edited December 6, 2018 by geowrian

[SalishSea 16,770]

19 minutes ago, Ksenia_O said:

That's what bothers me every time I read about a possible AOS delay.. 

It's always mentioned how much could be saved by skipping the AOS.  But it's always left behind or forgotten -  to calculate -   how much could be earned for the years, by the ROC time. 

 

Also... Ok, if someone doesn't want to work, or doesn't need, or can't - I get it.

 

 But even if  you are a stay at home mom/wife... How is that possible to do all those home "duties" -   kids, school, grocery store and a lot of other things that need to be done, even if it's a beauty saloon or gym  - without a Driver License?

You can't get DL without EAD, and there is no EAD without I-485 pending. So what's the point?  Besides, it's not the greatest status either. Basically, no status, at all. And being an undocumented...   I would not enjoy that. But it's just me.

No EAD/GC needed for DL in Washington state, for example.

[Ksenia_O 695]

Just now, geowrian said:

Some states permit getting a driver's license or state ID even without status.

Others live in an area where driving isn't necessary.

 

But yes, it's a bad position to be in and should be avoided. Waiting to try to skip ROC is foolish.

 

Well, guess,  I just like driving  

 

But thank  you -  after reading a lot about troubles people have with getting any ID, coming on a K-1 visa, it's good to know there are some places here you could get it without status .

[Ksenia_O 695]

12 minutes ago, Jorgedig said:

No EAD/GC needed for DL in Washington state, for example.

Lucky you, guys! In MO it's impossible. Besides, each DMV  is guided by its own rules, not by State. At least it looks like.

Thank you - good to know .

 

You can get DL in MO:
on K-1 - till your I-94 expiration date.

with EAD - till its exp.date.

with a conditional green card.... - well,  this one can be tricky. I got a "regular', valid  for 7 years MO Driver License. My friend - the same State, just different town - for 2 years, till her conditional green card expiration date.

Edited December 6, 2018 by Ksenia_O