K1 status ?

[Dakine 26]

What is the status of a K1 if they married in the 90 days but the I-94 expired?

Haven't filed for AOS or EAD and AP yet either!

Out of status? In limbo?

Edited February 14, 2009 by Haole

[YuAndDan 153]

Moving this to AOS forum.

K-1 is in an overstay status, if married before I-94 expiration, but has not filed AOS, this overstay is forgiven on approval of AOS.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

[Dakine 26]

Moving this to AOS forum.

K-1 is in an overstay status, if married before I-94 expiration, but has not filed AOS, this overstay is forgiven on approval of AOS.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

Just wondered as I saw where a person claimed they were detained at a border patrol checkpoint. Arrested by agents also because BP said they were out of status!

[YuAndDan 153]

Moving this to AOS forum.

K-1 is in an overstay status, if married before I-94 expiration, but has not filed AOS, this overstay is forgiven on approval of AOS.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

Just wondered as I saw where a person claimed they were detained at a border patrol checkpoint. Arrested by agents also because BP said they were out of status!

To avoid this it is best to file AOS and for EAD ASAP. The NOA1 letter for AOS, and EAD card show legal status.

[Dakine 26]

Moving this to AOS forum.

K-1 is in an overstay status, if married before I-94 expiration, but has not filed AOS, this overstay is forgiven on approval of AOS.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

Just wondered as I saw where a person claimed they were detained at a border patrol checkpoint. Arrested by agents also because BP said they were out of status!

To avoid this it is best to file AOS and for EAD ASAP. The NOA1 letter for AOS, and EAD card show legal status.

Yeah I didn't ask how to avoid being arrested but whether Border Patrol has the right to arrest someone in that situation?

Are the K1s illegal if their I-94 expired and they haven't applied for AOS, EAD or AP yet?

Even if they applied? Arethey still out of status?

[YuAndDan 153]

To avoid this it is best to file AOS and for EAD ASAP. The NOA1 letter for AOS, and EAD card show legal status.

Yeah I didn't ask how to avoid being arrested but whether Border Patrol has the right to arrest someone in that situation?

Are the K1s illegal if their I-94 expired and they haven't applied for AOS, EAD or AP yet?

Even if they applied? Arethey still out of status?

As soon as the I-94 expies you begin to accumulate over-stay, and will be out of status, unless I-485 is filed and have evidence that it has been filed (NOA1 letter).

[Dakine 26]

To avoid this it is best to file AOS and for EAD ASAP. The NOA1 letter for AOS, and EAD card show legal status.

Yeah I didn't ask how to avoid being arrested but whether Border Patrol has the right to arrest someone in that situation?

Are the K1s illegal if their I-94 expired and they haven't applied for AOS, EAD or AP yet?

Even if they applied? Arethey still out of status?

As soon as the I-94 expies you begin to accumulate over-stay, and will be out of status, unless I-485 is filed and have evidence that it has been filed (NOA1 letter).

So when you get the NOA1 for the AOS you are no longer out of status? Seems to me you would be out of status until you get your GC!

[YuAndDan 153]

As soon as the I-94 expies you begin to accumulate over-stay, and will be out of status, unless I-485 is filed and have evidence that it has been filed (NOA1 letter).

So when you get the NOA1 for the AOS you are no longer out of status? Seems to me you would be out of status until you get your GC!

Your status will be AOS pending, you will have legal status until a decision is made on the I-485. If a negative decision is made on the AOS which is very rare, then you will be given 30 days to leave the USA without any overstay penalty.

[Dakine 26]

As soon as the I-94 expies you begin to accumulate over-stay, and will be out of status, unless I-485 is filed and have evidence that it has been filed (NOA1 letter).

So when you get the NOA1 for the AOS you are no longer out of status? Seems to me you would be out of status until you get your GC!

Your status will be AOS pending, you will have legal status until a decision is made on the I-485. If a negative decision is made on the AOS which is very rare, then you will be given 30 days to leave the USA without any overstay penalty.

Yo Dan !

Spock this out1

arrived at san franscisco -august 1,2007

got married--- sept 8,2007

and my us visa- expired january 8, 2008

me and my husband went to mission,texas --> january 16,2009

got stopped at the boarder patrol checkpoint-->january 17,2009

while we were heading back to louisiana

willacy detention center, raymondville texas --> from january 18,2009- january27,2009

REASONS:

my visa expired and havent filed for aos yet. and according to UNDER SECTION 240 of the immigration and nationality act

1. I was admitted to the united states at san francisco, california on or about august 1, 2007 as a non-immigrant fiance (k1) with authorization to remain in the united states for a temporary period not to exceed 90days.

2.I remained in the u.s. beyond october 31, 2007 withouth authorization from the immigration and naturalization service.

this is because i didnt file for i30 and i485. even if you got married to american citizen. and your visa expired but still havent file for a.o.s. this is consider "illegal" "overstaying" "out of status"

this would be fine if you didnt get caught. but my problem is i got caught.

She now has to go back to Texas for removal hearings!!!

[Gary and Alla 3,694]

What is the status of a K1 if they married in the 90 days but the I-94 expired?

Haven't filed for AOS or EAD and AP yet either!

Out of status? In limbo?

It is out of status. Will probably never be mentioned but just get it done ASAP. Despite what you might hear, there is NO "grace period" , no "limbo" or anything else associated with the K-1 visa, I-94. But I have never heard of a problem with this and the USCIS has generally forgiven these violations for K-1 holders, BUT get it done quickly.

[jsand78 0]

What is the I-94? Is that the name of the visa that your fiance receives to immigrate to the US? What is the time period before it expires? What do you have to do before that expiration date?

[YuAndDan 153]

As soon as the I-94 expies you begin to accumulate over-stay, and will be out of status, unless I-485 is filed and have evidence that it has been filed (NOA1 letter).

So when you get the NOA1 for the AOS you are no longer out of status? Seems to me you would be out of status until you get your GC!

Your status will be AOS pending, you will have legal status until a decision is made on the I-485. If a negative decision is made on the AOS which is very rare, then you will be given 30 days to leave the USA without any overstay penalty.

Yo Dan !

Spock this out1

arrived at san franscisco -august 1,2007

got married--- sept 8,2007

and my us visa- expired january 8, 2008

me and my husband went to mission,texas --> january 16,2009

got stopped at the boarder patrol checkpoint-->january 17,2009

while we were heading back to louisiana

willacy detention center, raymondville texas --> from january 18,2009- january27,2009

REASONS:

my visa expired and havent filed for aos yet. and according to UNDER SECTION 240 of the immigration and nationality act

1. I was admitted to the united states at san francisco, california on or about august 1, 2007 as a non-immigrant fiance (k1) with authorization to remain in the united states for a temporary period not to exceed 90days.

2.I remained in the u.s. beyond october 31, 2007 withouth authorization from the immigration and naturalization service.

this is because i didnt file for i30 and i485. even if you got married to american citizen. and your visa expired but still havent file for a.o.s. this is consider "illegal" "overstaying" "out of status"

this would be fine if you didnt get caught. but my problem is i got caught.

She now has to go back to Texas for removal hearings!!!

Note, the visa expiration date (Jan 2009) has NOTHING to do with filing AOS, and has NOTHING to do with legal status, it is the date that the visa MUST be used by to enter the USA, NOTHING more. The expiration date on the I-94 card is the period of legal status, this is the date that you need to marry by and to preserve status file the I-485 by. Many do file the I-485 a little out side the period allowed by the I-94 because of various reasons (Financial or perhaps waiting for a marriage cert). Again as in your case you ran the risk and got cought.

Lastly I-130 is only needed if you marry after the I-94 expires.

What is the I-94? Is that the name of the visa that your fiance receives to immigrate to the US? What is the time period before it expires? What do you have to do before that expiration date?

I-94 is a card that is stapled in the passport at the POE, it indicates length of legal status, (90 days for a K-1,K-2 holder, 2 years for K-3,K-4)