Out of Status?

[billsafari 0]

Someone told me based on my timeline that my wife is accruing unlawful presence and is out of status. I called the USCIS and they told me as long as we are married within the 90 day period (we were, 10/26) and the paperwork is sent in before her visa expires (2/22/08) all is good. Will someone shed some light on this for me? And if she is out of status what does that mean for us and her AOS??? thanks

[Otto 83]

Someone told me based on my timeline that my wife is accruing unlawful presence and is out of status. I called the USCIS and they told me as long as we are married within the 90 day period (we were, 10/26) and the paperwork is sent in before her visa expires (2/22/08) all is good. Will someone shed some light on this for me? And if she is out of status what does that mean for us and her AOS??? thanks

It is true that once the I-94 expires (and the marriage occurred within the 90 days) one is out of status until (and if) they file AOS which will bring the status to Pending (which is legal). Are you certain about the Feb.22, 2008 date? That is about 60 days longer than typical (which is 90 days from date-of-entry.)

[billsafari 0]

Someone told me based on my timeline that my wife is accruing unlawful presence and is out of status. I called the USCIS and they told me as long as we are married within the 90 day period (we were, 10/26) and the paperwork is sent in before her visa expires (2/22/08) all is good. Will someone shed some light on this for me? And if she is out of status what does that mean for us and her AOS??? thanks

It is true that once the I-94 expires (and the marriage occurred within the 90 days) one is out of status until (and if) they file AOS which will bring the status to Pending (which is legal). Are you certain about the Feb.22, 2008 date? That is about 60 days longer than typical (which is 90 days from date-of-entry.)

The I-94 expired Nov. 29. we were married 10/26. Her actual K-1 visa doesnt expire until 2/22. Sorry for the mix up. So are we ok then? What does this out status do to her? Any potential problems??

[Otto 83]

Someone told me based on my timeline that my wife is accruing unlawful presence and is out of status. I called the USCIS and they told me as long as we are married within the 90 day period (we were, 10/26) and the paperwork is sent in before her visa expires (2/22/08) all is good. Will someone shed some light on this for me? And if she is out of status what does that mean for us and her AOS??? thanks

It is true that once the I-94 expires (and the marriage occurred within the 90 days) one is out of status until (and if) they file AOS which will bring the status to Pending (which is legal). Are you certain about the Feb.22, 2008 date? That is about 60 days longer than typical (which is 90 days from date-of-entry.)

The I-94 expired Nov. 29. we were married 10/26. Her actual K-1 visa doesnt expire until 2/22. Sorry for the mix up. So are we ok then? What does this out status do to her? Any potential problems??

The K1 was taken at the point of entry (POE) and is no longer in play so no, it is not 'good' until 2/22 - the I-94 stamped in her passport is what matters. (If you are thinking the K1 is valid for 6 months, it is, 6-months from date it was issued to come to the US - once in the US, the 90-day clock (of the I-94) started - you've fulfilled the marriage part - and became out-of-status Nov.29.)

What does it mean? Not too much - just that to the government she has no status - it is best for you guys to file AOS as soon as possible. There are many people who have waited a long time to file and have had no issues - I don't know what the exact issues are with being out-of-status - it's just not an ideal place to be for terribly long.

Edited December 23, 2007 by Karin und Otto

[rebeccajo 14]

The expiration date of the K1 is the deadline she had to use the visa to enter the country. Nothing more, nothing less.

The I94 was her deadline to marry you. It is also preferable that you file for AOS before that deadline passes so no out-of-status time accrues.

Out of status is not the same as unlawful presence. Unlawful presence constitutes many things including misuse of the terms of a visa (which your wife did not do - she used her visa for its intended purpose - marriage to you) or illegal entry (which she also did not do). For those married to US citizens, being out of status will not prevent the adjustment of status to legal permanent resident provided there are no brushes with the law in the interim.

'Out of Status' isn't the prettiest place for an immigrant to be in. They cannot legally work while out of status. They cannot leave the country without expecting to have to file from overseas to re-enter. Their assimilation to life in America is also slowed or halted because they have no documentation to apply for a driver's license or go to college. They may find it difficult or impossible to own property.

[billsafari 0]

Someone told me based on my timeline that my wife is accruing unlawful presence and is out of status. I called the USCIS and they told me as long as we are married within the 90 day period (we were, 10/26) and the paperwork is sent in before her visa expires (2/22/08) all is good. Will someone shed some light on this for me? And if she is out of status what does that mean for us and her AOS??? thanks

It is true that once the I-94 expires (and the marriage occurred within the 90 days) one is out of status until (and if) they file AOS which will bring the status to Pending (which is legal). Are you certain about the Feb.22, 2008 date? That is about 60 days longer than typical (which is 90 days from date-of-entry.)

The I-94 expired Nov. 29. we were married 10/26. Her actual K-1 visa doesnt expire until 2/22. Sorry for the mix up. So are we ok then? What does this out status do to her? Any potential problems??

The K1 was taken at the point of entry (POE) and is no longer in play so no, it is not 'good' until 2/22 - the I-94 stamped in her passport is what matters. (If you are thinking the K1 is valid for 6 months, it is, 6-months from date it was issued to come to the US - once in the US, the 90-day clock (of the I-94) started - you've fulfilled the marriage part - and became out-of-status Nov.29.)

What does it mean? Not too much - just that to the government she has no status - it is best for you guys to file AOS as soon as possible. There are many people who have waited a long time to file and have had no issues - I don't know what the exact issues are with being out-of-status - it's just not an ideal place to be for terribly long.

Thanks for the clarification. I am sending the I-485, G-325A, I-131, I-864 and the I-765. From what I gather this 1010.00 dollars. I noticed on the forms guide the I-765 and the I-131 said "optional". Do I need to send all of the above mentioned forms out or is the the I-765 and I-131 too late now. Sorry if I seem clueless, I am!!!! I have been getting mixed anwsers and I just began this process!!!

[Otto 83]

Thanks for the clarification. I am sending the I-485, G-325A, I-131, I-864 and the I-765. From what I gather this 1010.00 dollars. I noticed on the forms guide the I-765 and the I-131 said "optional". Do I need to send all of the above mentioned forms out or is the the I-765 and I-131 too late now. Sorry if I seem clueless, I am!!!! I have been getting mixed anwsers and I just began this process!!!

The I-131 (Advance Parole - which is a travel authorization) and I-765 (EAD - Employment Authorization, allowing her to work) are both optional, but the fee for them is included in that $1010. Do you need to file either or both? No.

AP (Advance Parole)

If she has no plans to leave the country (and return to US) between now and the time her green card arrives, this (the I-131) is not necessary. If there is a plan to travel outside the country (before getting the Green Card), you will need to file this so she will be granted authorization to get back in the country.

Employment Authorization (EAD)

If she plans to work, this is an advisable form to submit. The process for this (EAD) takes around 90 days and will result in a EAD card which allows her to work in the US (and get a Driver's license in most states). The green card also allows work (and all the other benefits) but can take much longer than 90 days so it is up to you whether you feel it is necessary. (We did - as I imagine most do who want to work as soon as possible.) And again - you're paying for it so why not?

Check the Guides above - they're filled with good and accurate information.

[billsafari 0]

Thanks for the clarification. I am sending the I-485, G-325A, I-131, I-864 and the I-765. From what I gather this 1010.00 dollars. I noticed on the forms guide the I-765 and the I-131 said "optional". Do I need to send all of the above mentioned forms out or is the the I-765 and I-131 too late now. Sorry if I seem clueless, I am!!!! I have been getting mixed anwsers and I just began this process!!!

The I-131 (Advance Parole - which is a travel authorization) and I-765 (EAD - Employment Authorization, allowing her to work) are both optional, but the fee for them is included in that $1010. Do you need to file either or both? No.

AP (Advance Parole)

If she has no plans to leave the country (and return to US) between now and the time her green card arrives, this (the I-131) is not necessary. If there is a plan to travel outside the country (before getting the Green Card), you will need to file this so she will be granted authorization to get back in the country.

Employment Authorization (EAD)

If she plans to work, this is an advisable form to submit. The process for this (EAD) takes around 90 days and will result in a EAD card which allows her to work in the US (and get a Driver's license in most states). The green card also allows work (and all the other benefits) but can take much longer than 90 days so it is up to you whether you feel it is necessary. (We did - as I imagine most do who want to work as soon as possible.) And again - you're paying for it so why not?

Check the Guides above - they're filled with good and accurate information.

Do I need to get her a SS# or does that come with the EAD???

[rebeccajo 14]

You might as well file for all your interim benefits now. You're paying for them anyway. Plus they will physically be in the same packet with the underlying adjustment so there should be no confusion or time lost from a clerical perspective.

She gets her SS number the same way you did - by applying for it at your nearest SS office.

Edited December 23, 2007 by rebeccajo

[Asamu 0]

Someone told me based on my timeline that my wife is accruing unlawful presence and is out of status. I called the USCIS and they told me as long as we are married within the 90 day period (we were, 10/26) and the paperwork is sent in before her visa expires (2/22/08) all is good. Will someone shed some light on this for me? And if she is out of status what does that mean for us and her AOS??? thanks

It is true that once the I-94 expires (and the marriage occurred within the 90 days) one is out of status until (and if) they file AOS which will bring the status to Pending (which is legal). Are you certain about the Feb.22, 2008 date? That is about 60 days longer than typical (which is 90 days from date-of-entry.)

The I-94 expired Nov. 29. we were married 10/26. Her actual K-1 visa doesnt expire until 2/22. Sorry for the mix up. So are we ok then? What does this out status do to her? Any potential problems??

The K1 was taken at the point of entry (POE) and is no longer in play so no, it is not 'good' until 2/22 - the I-94 stamped in her passport is what matters. (If you are thinking the K1 is valid for 6 months, it is, 6-months from date it was issued to come to the US - once in the US, the 90-day clock (of the I-94) started - you've fulfilled the marriage part - and became out-of-status Nov.29.)

What does it mean? Not too much - just that to the government she has no status - it is best for you guys to file AOS as soon as possible. There are many people who have waited a long time to file and have had no issues - I don't know what the exact issues are with being out-of-status - it's just not an ideal place to be for terribly long.

Thanks for the clarification. I am sending the I-485, G-325A, I-131, I-864 and the I-765. From what I gather this 1010.00 dollars. I noticed on the forms guide the I-765 and the I-131 said "optional". Do I need to send all of the above mentioned forms out or is the the I-765 and I-131 too late now. Sorry if I seem clueless, I am!!!! I have been getting mixed anwsers and I just began this process!!!

Do not forget I-693 - Medical Examination of Aliens Seeking Adjustment of Status or a copy of the medical she had done for her K1 if it hasn't been a years since having it done.

Depending with who is working on your case - they may not draw that conclusion of K1 background - therefore to avoid unecessary RFE - just include a copy of it.

And if she needs an Medica Examination - you rather just take your time and complete everything before sending an incomplete package.

Asamu

[billsafari 0]

You might as well file for all your interim benefits now. You're paying for them anyway. Plus they will physically be in the same packet with the underlying adjustment so there should be no confusion or time lost from a clerical perspective.

She gets her SS number the same way you did - by applying for it at your nearest SS office.

Can she apply for her SS# now?

[rebeccajo 14]

You might as well file for all your interim benefits now. You're paying for them anyway. Plus they will physically be in the same packet with the underlying adjustment so there should be no confusion or time lost from a clerical perspective.

She gets her SS number the same way you did - by applying for it at your nearest SS office.

Can she apply for her SS# now?

No. Since you didn't get it during her first 76 days here, you will have to wait until she had EAD or greencard.

[Ali e Jeff 0]

SO, in the form I-485...the expiration of the visa is not 90 days after arrive? If after 90 days, my visa is not valid anymore and I am out of status...this is the correct day of expiration right?! or is 6 months from the day of issue??

I am sending today...I put 90 days after arrive...

help please!

thanks

ali

[eau_xplain 2]

If I remember correctly, you're supposed to put the date your I-94 expires.

[*julez* 124]

If I remember correctly, you're supposed to put the date your I-94 expires.

Yes, that is correct.