Expired I-94

[chris39 0]

I have a question that I need help with. I have been dating and want to get married. I was told last night that her I-94 expried, however, her visa is still valid. My question is, can we still get married and do AOS? Will there be any issues? I do want her banned? I talked to a paralegal that works with immergration issues and she siad it was fine, and the she had 180 days after her I-94 to do something. Is this correct? thanks

[YuAndDan 153]

Why is this posted the the K-3 forum? People with K-3 visas are already married, and have a 2 year I-94 card.

If you entered on a K-1 visa but failed to marry within the 90 days, you can still file to adjust status, but in this case you need to fill out an I-130 and include it and it's fee along with the I-485 to adjust status. You will check "a" based on approved relative petition, the attached I-130, NOT based on a fiancee visa.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

Edited February 18, 2008 by YuAndDan

[sunandmoon 450]

I have a question that I need help with. I have been dating and want to get married. I was told last night that her I-94 expried, however, her visa is still valid. My question is, can we still get married and do AOS? Will there be any issues? I do want her banned? I talked to a paralegal that works with immergration issues and she siad it was fine, and the she had 180 days after her I-94 to do something. Is this correct? thanks

The expiration of the K-1 Visa is irrelevant at this point. the K-1 gave your fiance six months to enter the USA. at the POE your fiance was given an I-94 which expires in 90 days. that's what counts. follow the advise given by YuandDan.

[eau_xplain 2]

Are you dating a girl who's already here on a non-K visa? Your profile indicates you filed for K-1 but your story sounds like you met the girl here and she has another visa.

If she is here on a different visa, then you will file the I-130 and I-485 after you get married.. She can also file I-765 together with the I-485 so that she can work while waiting for the AOS. Not sure if she has accumulated enough overstay to earn a ban but it might be better not to file for AP and just wait for the green card before traveling overseas.