April 2009 K-1 Filers

[Rhiannercakes 14]

I don't think you have to file before the I-94 expires.

You just have to get married within the 90 days and then file as soon as possible.

[Chaz and Riggs 0]

I don't think you have to file before the I-94 expires.

You just have to get married within the 90 days and then file as soon as possible.

As soon as possible, like, as soon as you can afford it? That would be nice.....

[endoftheroad 1]

Maybe tomorrow the court will finish with my girl's case.

EOTR-I can't begin to comprehend how difficult your journey has been, but I hope so badly that you will get to see your girls soon. You deserve it.

I hope so! Do you think it will be tomorrow?

EOTR-keep us updated!

I am waiting this second on pins and needles. She should be home any time now from the court with "the paper" that decides it. She said the judge is as sick of this as she is and is fed up with those bad people. The judge wants it off her desk so we are hopeful the end might come now.

I'll report the decision ASAP here. I asked her to call me quickly when she arrives home (she calls me and I don't answer but call her back on Skype, saving money of course). It is now 6 pm in China... waaaaaaaaaaaiiiiiiiiiiiting.

[endoftheroad 1]

I'll report the decision ASAP here. I asked her to call me quickly when she arrives home (she calls me and I don't answer but call her back on Skype, saving money of course). It is now 6 pm in China... waaaaaaaaaaaiiiiiiiiiiiting.

OMFG this stiiiiiiiiiiiiiiiiiiiiiiiinks! No final court decision! I don't understand this ####### and it is a MAJOR disturbance in my life. I can't take a new job because I may have to go to China at any moment, I have two sons who I love count on me being here, the girls that I love are stuck in their situation there... CRIKEYS!

I will get more clarification in two hours from my love as to what exactly is the court holdup. Her daughter is sick and hungry so I told her to contact me after the immediate is alleviated.

I really see no good end to this. Probably best that I am the trailing element in this group. Everyone else, just go on to the AOS thread.

I can't believe this is happening.

Edited December 9, 2009 by endoftheroad

[Maverick64 0]

I'll report the decision ASAP here. I asked her to call me quickly when she arrives home (she calls me and I don't answer but call her back on Skype, saving money of course). It is now 6 pm in China... waaaaaaaaaaaiiiiiiiiiiiting.

OMFG this stiiiiiiiiiiiiiiiiiiiiiiiinks! No final court decision! I don't understand this ####### and it is a MAJOR disturbance in my life. I can't take a new job because I may have to go to China at any moment, I have two sons who I love count on me being here, the girls that I love are stuck in their situation there... CRIKEYS!

I will get more clarification in two hours from my love as to what exactly is the court holdup. Her daughter is sick and hungry so I told her to contact me after the immediate is alleviated.

I really see no good end to this. Probably best that I am the trailing element in this group. Everyone else, just go on to the AOS thread.

I can't believe this is happening.

Man I feel so bad for you...really you dont deserve to be strung along like this. Please post and tell us why the delay in the court decision. My thoughts and prayers go out to you. Stay strong!

[Lisa and Ian 7]

I don't think you have to file before the I-94 expires.

You just have to get married within the 90 days and then file as soon as possible.

As soon as possible, like, as soon as you can afford it? That would be nice.....

After the i-94 expires, it appears your SO is "out of status". Read this: http://www.visajourney.com/forums/index.ph...t&p=3440111

[endoftheroad 1]

Man I feel so bad for you...really you dont deserve to be strung along like this. Please post and tell us why the delay in the court decision. My thoughts and prayers go out to you. Stay strong!

Thanks.

In 15 minutes I will call her and get the lowdown. OT- The stress of this has completely overcome me. My sleep schedule has completely shifted to China time. Exactly 14 hours ahead of my USA CST. Can anyone relate to that? I go to sleep at 8-9 am and wake up around 4 pm. CRAZY! This cannot continue indefinitely.

[endoftheroad 1]

In 15 minutes I will call her and get the lowdown.

We talked but her daughter (my other girl) is sick so she has not had the chance to read the four page judge paper. Tomorrow, now is the time for them to sleep (in the China-standard unheated house under many blankets wearing coats - gee they are going to be in for a shock when they get here). Sum it up, I don't know what is going on still and another day passes.

Happy for all of you!

[endoftheroad 1]

Sorry but why couldn't her ex wait to unexpectantly die until NEXT year??? I know it is insensitive but I am now insensitive on the topic.

[Rhiannercakes 14]

I don't think you have to file before the I-94 expires.

You just have to get married within the 90 days and then file as soon as possible.

As soon as possible, like, as soon as you can afford it? That would be nice.....

After the i-94 expires, it appears your SO is "out of status". Read this: http://www.visajourney.com/forums/index.ph...t&p=3440111

Technically, the foreign fiance is out of status when you marry, since we're not really "fiances" anymore.

But I guess they dont care about technicalities

But thanks for correcting me.

Edited December 9, 2009 by Rhiann

[DainandVicky 4]

I don't think you have to file before the I-94 expires.

You just have to get married within the 90 days and then file as soon as possible.

I read once the I-129F visa is good for 6 months from issue, since you have to get married within 90 days, I assumed that gave you the other three months to get your AOS paperwork together and filed and any other requirements completed. I know once your AOS is filed then your new spouse is legal to stay until it's completed.

[Lisa and Ian 7]

I don't think you have to file before the I-94 expires.

You just have to get married within the 90 days and then file as soon as possible.

I read once the I-129F visa is good for 6 months from issue, since you have to get married within 90 days, I assumed that gave you the other three months to get your AOS paperwork together and filed and any other requirements completed. I know once your AOS is filed then your new spouse is legal to stay until it's completed.

Actually, you have 6 months to use the K1 visa to leave your country and travel to the US. Once you enter the US, you have 3 months to get married. I'm not clear on when the AOS is actually due, but normally people are in a hurry for their new spouse to be able to work or leave the country in the event of an emergency, and file right away, from what I've read. I've seen others say they waited ages, but the link I posted above allludes to the fact that if someone is challenged for legal residency after the i-94 expires, then there could be a problem involving deportation and bans. I'm not willing to risk a potential problem.

I found this in the guides:

"How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94. Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices. "

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

I agree with Rhiann that it seems when you've been married, you are actually out of status, but on the other hand, an NOA1 for filing AOS seems to let people who may inquire know that you're pursuing legal status.

It's all confusing, isn't it?

I just can't imagine having an expired K1 visa, an expired i-94 and not even an NOA1 for AOS and being challenged by anyone for residency and not having something to show them.

Edited December 10, 2009 by Snowbunnies

[Starlight95 1]

Hi there,

I am glad that everyones progress is going well. EOTR I am with you, and just hang in there. We are both in a similar boat and are SO's are in the same continent right now. I know I have not came here often, but just been really busy gathering everything and trying to manage everything. I emailed the consulate to extend my petition just in case, but have not had any response yet. I talke to DOS and they are not familiar with religious divorce decrees,

but the nice lady told me that since I have a year to submit the documents that they may automatically extend our petition in case I have any delays. But, still going to send them a letter to extend so they do not have any reason to refuse by chance we do not submit the required documents in two weeks. Our friends in India are going to help us get the religious divorce decree from my ex.

Just been feeling a bit under the weather, but wanted to let you all know that I have not forgotten you. You have helped me in my journey so far, and I hope that I am able to fulfill the consulates requirement in due time.

Star

[Rhiannercakes 14]

Have you tried calling the consulate and see if they'll define what a religious divorce decree is?

[Starlight95 1]

Have you tried calling the consulate and see if they'll define what a religious divorce decree is?

That is a good idea and I was going to call them today. They have only hours from 2 -4 pm, and that means I will just have to stay up a little late. I emailed them, but they are not good with the email responses and very vague. Thanks!