Applying for AOS after visa and i-94 expiry?

[Sailormooon 268]

Hi guys! I got married within 90 days of my k1 visa however my visa and I-94 expired on janurary 10th... I still haven’t managed to get all the paperwork for my AOS but I’m intending to submit it this week. Am I illegal here even though I got married within 90 days? I’ve read mixed comments about this on the forum so far and I’m confused 

thanks!

Edited February 4, 2019 by Tea_pgtips

[NikLR 13,220]

You have no legal status until you file for the AOS and receive the NOA1. 

[Sailormooon 268]

1 minute ago, NikLR said:

You have no legal status until you file for the AOS and receive the NOA1. 

Okay but does that mean my overstay is okay/forgiven once I hand in the AOS? Or does it mean My AOS will get declined and I will be deported since I overstayed even though I got married within 90

days?

Edited February 4, 2019 by Tea_pgtips

[NikLR 13,220]

Just now, Tea_pgtips said:

Okay but does that mean my overstay is okay/forgiven once I hand in the AOS? Or does it mean I will get declined with my AOS and deported since I overstayed even though I got married within 90

days?

Your overstay will be ignored as the immediate relative.  But until you file for your AOS you are deportable. 

[Cyberfx1024 7,978]

27 minutes ago, NikLR said:

Your overstay will be ignored as the immediate relative.  But until you file for your AOS you are deportable. 

 

33 minutes ago, Tea_pgtips said:

Okay but does that mean my overstay is okay/forgiven once I hand in the AOS? Or does it mean My AOS will get declined and I will be deported since I overstayed even though I got married within 90

days?

Your overstay will be forgiven once you file for AOS. Even though you are out of status right now you are pretty much ok and very unlikely to be deportable if you are detained. 

 

We did have a case a couple years ago with a case like this but with a couple that lived in Texas if I remember right. The couple was detained at a immigration checkpoint and he was sent in front of a judge. The judge saw that he came on a K1 visa, they got married, and have yet to file for AOS yet. So he ordered them to file for AOS and let them go. 

[BotsImmi 1]

Your case is the same as mine. I got married on the day I-94 was expiring. Are you getting a lawyer?

[Kristi&Luigi 157]

On 2/3/2019 at 5:13 PM, Tea_pgtips said:

Hi guys! I got married within 90 days of my k1 visa however my visa and I-94 expired on janurary 10th... I still haven’t managed to get all the paperwork for my AOS but I’m intending to submit it this week. Am I illegal here even though I got married within 90 days? I’ve read mixed comments about this on the forum so far and I’m confused 

thanks!

Hey @Tea_pgtips  I remember you from July 2017 filers! 😁 No problems at all. We haven't been able to file until now either and I was August 2017 Filer . Just make sure to file as fast as you can! I will be sending mine in next weekend! For us it was financial problems and just couldn't afford it. 

 

On 2/4/2019 at 2:22 PM, BotsImmi said:

Your case is the same as mine. I got married on the day I-94 was expiring. Are you getting a lawyer?

You shouldn't need a lawyer. Did you get married within the 90 Days after arrival? 

[Sailormooon 268]

4 hours ago, Kristi&Luigi said:

Hey @Tea_pgtips  I remember you from July 2017 filers! 😁 No problems at all. We haven't been able to file until now either and I was August 2017 Filer . Just make sure to file as fast as you can! I will be sending mine in next weekend! For us it was financial problems and just couldn't afford it. 

 

You shouldn't need a lawyer. Did you get married within the 90 Days after arrival? 

Hi! i remember you too! I'm going to send mine off this week! Good luck with yours!

[Sailormooon 268]

On 2/4/2019 at 5:22 PM, BotsImmi said:

Your case is the same as mine. I got married on the day I-94 was expiring. Are you getting a lawyer?

Nope! i don't think i need one!