Jump to content
NayRey

l94 expired / AOS

4 posts in this topic

Recommended Posts

Hello! I have a questions, I hope someone can answer... I came to the US in November 2018, we got married on 22 January 2019, and we about to send the AOS, and all the forms in few days, but my l94 is expired soon on 31 March... is that a problem?

Is it considered as a overstay?

Also, about the medical record. I had my medical vaccination in France did I have to book an appointment with the doctor in USA and filled the form I-693 with the I-485 ?

 

Have a good day!

Share this post


Link to post
Share on other sites
Posted (edited)
4 minutes ago, NayRey said:

Hello! I have a questions, I hope someone can answer... I came to the US in November 2018, we got married on 22 January 2019, and we about to send the AOS, and all the forms in few days, but my l94 is expired soon on 31 March... is that a problem?

Is it considered as a overstay?

Also, about the medical record. I had my medical vaccination in France did I have to book an appointment with the doctor in USA and filled the form I-693 with the I-485 ?

 

Have a good day!

Once your I94 expires, you will become an overstay but it's generally a non-issue because you fulfilled the requirements of your K1 Visa.

 

As a K1 your only medical obligation was completed overseas. As long as: 1) you filed AOS within one year of your overseas medical date. 2) you did not have any illnesses or if you did, you were treated and passed. 3) you completed all of the vaccines that were due ON THE DAY of your overseas medical and the Panel Physician completed the DS3025 correctly, you satisfied the medical requirements. You should have submitted a copy of your DS3025 with your I485 application and will bring your copy of the DS3025 to the interview. Your overseas medical packet was collected at your POE, sent to USCIS and was stored in your A-file. Your interviewing officer will pull it for your AOS interview and review it for completion. Provided everything above is true/works out, you will not need another medical no matter how long it takes to get an interview. That means you will not need a signed I693 so any rules/policies/requirements do not apply to you as a K1.

 

Edited by K1visaHopeful

Share this post


Link to post
Share on other sites

Once your I-94 expires you will be out of status (just like any other person)  until you file the 485.  At that point, you will have authorized stay while the I485 is pending.  Make sure you file an I-765 (EAD) and I-131 (Advance Parole) along with your I-485.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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.
×