help mga kababayan!!!!!response needed asap!

[loving_gabriela 0]

We called the Immigration couple of times regarding the application of AOS and was told there is no deadline in applying for that after getting married.It was good news for us at least we can save up for the fee,$1010 is really big money. Today as I was checking on my papers, i saw my passport with the K1 visa expiration which is on Sept 2,2009. We called the Immigration again about this and we were surprised about what they said. We needed to file it asap before my visa expires.This is ridiculous!We relied on what they told us before that there is no problem whenever we want to file the aos.And now they are saying if we apply tomorrow for the AOS and if we did not receive the receipt of our application before my visa expires then i will be forced to go back to my country.This is not a good news!!!!!

Is this true? any experience like this with you guys?or a friend of yours?what did they do?Please enlighten us.

[cEzYcHiC 0]

As what I have known that if you are already married then the K1 visa is not important anymore. (please correct me if I'm wrong)

Anyhow, Good Luck!

[loving_gabriela 0]

As what I have known that if you are already married then the K1 visa is not important anymore. (please correct me if I'm wrong)

Anyhow, Good Luck!

that's what i know. But after calling the immigration office they just confused us more. How could they give different answers.

[sunandmoon 450]

The Expiration on the K-1 Visa is the date you have until to enter the USA. once you enter the USA, the expiration of the K-1 Visa is irrelevant. the important date is you get married within 90 days of entering the USA, the expiration of your I-94. some file AOS after the I-94 expires, but you'll want to do it asap, so your status will be pending.

Edited August 11, 2009 by sunandmoon

[Carol and Bruno 0]

We called the Immigration couple of times regarding the application of AOS and was told there is no deadline in applying for that after getting married.It was good news for us at least we can save up for the fee,$1010 is really big money. Today as I was checking on my papers, i saw my passport with the K1 visa expiration which is on Sept 2,2009. We called the Immigration again about this and we were surprised about what they said. We needed to file it asap before my visa expires.This is ridiculous!We relied on what they told us before that there is no problem whenever we want to file the aos.And now they are saying if we apply tomorrow for the AOS and if we did not receive the receipt of our application before my visa expires then i will be forced to go back to my country.This is not a good news!!!!!

Is this true? any experience like this with you guys?or a friend of yours?what did they do?Please enlighten us.

As others have stated, your K-1 expired the moment you entered the US. However, the I-94 is what will expire and it is best to file your AOS as soon as possible before it expires. You can file afterwards as we filed 3 months after the I-94 expired and all went well. Others have done the same and adjusted status successfully.

I'm not advising you to wait, but if you can't file until later, you have no choice but to wait.

Edited August 11, 2009 by Carol and Bruno

[loving_gabriela 0]

We called the Immigration couple of times regarding the application of AOS and was told there is no deadline in applying for that after getting married.It was good news for us at least we can save up for the fee,$1010 is really big money. Today as I was checking on my papers, i saw my passport with the K1 visa expiration which is on Sept 2,2009. We called the Immigration again about this and we were surprised about what they said. We needed to file it asap before my visa expires.This is ridiculous!We relied on what they told us before that there is no problem whenever we want to file the aos.And now they are saying if we apply tomorrow for the AOS and if we did not receive the receipt of our application before my visa expires then i will be forced to go back to my country.This is not a good news!!!!!

Is this true? any experience like this with you guys?or a friend of yours?what did they do?Please enlighten us.

As others have stated, your K-1 expired the moment you entered the US. However, the I-94 is what will expire and it is best to file your AOS as soon as possible before it expires. You can file afterwards as we filed 3 months after the I-94 expired and all went well. Others have done the same and adjusted status successfully.

I'm not advising you to wait, but if you can't file until later, you have no choice but to wait.

thanks everyone for your responses!i am now cleared. we cant depend on this immigration hotline.

[edp333 9]

As previously stated, when your I-94 expires you will be out of status until you receive the NOA1 from your AOS application. The out of status is normally forgiven by USCIS. But, if you encounter ICE while out of status you can be deported.

Another VJer was stopped at a roadblock by ICE in Texas. She was allowed to apply for the AOS before being deported.

Edit: The USCIS mis-information line is run by an outside call center.

Edited August 12, 2009 by edp333

[I AM NOT THAT GUY 5,715]

The only time constraint you may want to consider is that the St. Lukes Medical Examination expires after one year. If you do not complete your AOS before then, you will have to completely redo your medical.

ETA: Also, you are not eligible to work until you file your AOS and apply for your EAD. When trying to save money, you may want to consider that as well. If you are close on the income for support, the additional income of both spouses working may be enough to qualify you and your spouse.

Edited August 12, 2009 by Mister_Bill

[MikenKyhen 0]

As previously stated, when your I-94 expires you will be out of status until you receive the NOA1 from your AOS application. The out of status is normally forgiven by USCIS. But, if you encounter ICE while out of status you can be deported.

Another VJer was stopped at a roadblock by ICE in Texas. She was allowed to apply for the AOS before being deported.

Edit: The USCIS mis-information line is run by an outside call center.

Never depend on the USCIS mis-information line. You will get a different answer everytime you call.

Edited August 12, 2009 by MikenKyhen

[eros_EX_Plumber 0]

As previously stated, when your I-94 expires you will be out of status until you receive the NOA1 from your AOS application. The out of status is normally forgiven by USCIS. But, if you encounter ICE while out of status you can be deported.

Another VJer was stopped at a roadblock by ICE in Texas. She was allowed to apply for the AOS before being deported.

Edit: The USCIS mis-information line is run by an outside call center.

Never depend on the USCIS mis-information line. You will get a different answer everytime you call.

Eye opener...( at least for me)

like any other field, first of all they are Humans with all the good and "BAD" qualities that comes with it....

If you catch them on a bad day....God help you and us...

they just reading a script...and some of them can barely read...LOL

If your question does not fall within their scripts...they will say anything to get you off the phone, to reach their daily quota and time allotment etc...ect..etc

Take anything said with a grain of salt....unless is written on official paper or officail web site.... arm yourself with knowledge or worst case get a competent (and sometime pricey) lawyer...