Are we "Out of Status"?

[txpaige 0]

My husband came over on a K-1 visa and we got married...but not until 2 days before his K-1 expired. I just wasn't thinking about this interim time period between the K-1 and the green card...I assumed that everything would be fine as long as we got married within the 3 month time period.

Are we out of status at this point? We're filling out the AOS paperwork to send in early next week, but I'm nervous now that we might be flagged since his I-94 is no longer valid....

Any advice?

[Kathryn41 3,205]

Yes. Your husband was out of status the day after his I-94 expired. While he is at risk, the risk is relatively low unless he or the two of you do something to get noticed - ie, get stopped by a border patrol or by the police. If challenged, he would not be able to prove that he is here legally, because right now he is out of status. If you don't do anything to get noticed, he should be fine until you get the paperwork filed. File the AOS as soon as you can because once it is received his status then becomes "AOS applicant". You will receive a NOA receipt that proves he has filed. Also file for the EAD as the EAD card often arrives faster than the AOS and is also valid for proving legal status in the US. A lot of people overlook the fact that the K-1 is just permission to enter the US in order to get married and apply to stay; the AOS is the second part of the process - permission to remain in the US. Good luck.

[Chica Yeyé 41]

Yes. He is out of status. Did you get married within 90 days of his arrival? Please say yes. Otherwise, he would have violated the terms of his K-1 visa and would be subject to deportation.

[Kathryn41 3,205]

Yes. He is out of status. Did you get married within 90 days of his arrival? Please say yes. Otherwise, he would have violated the terms of his K-1 visa and would be subject to deportation.

No, not necessarily. If they did not get married before the I-94 expired, they are no longer allowed to adjust status on the basis of the K-1 visa, however, they can file an I-130 at the same time as the I-485 and file as the spouse of a US citizen who is currently in the US and entered legally. Len is right, though, the important 'expiry' date is the one on the I-94, not the one of the K-1. You needed to get married before the I-94 expired.

Edited August 11, 2009 by Kathryn41

[Chica Yeyé 41]

Yes. He is out of status. Did you get married within 90 days of his arrival? Please say yes. Otherwise, he would have violated the terms of his K-1 visa and would be subject to deportation.

No, not necessarily. If they did not get married before the I-94 expired, they are no longer allowed to adjust status on the basis of the K-1 visa, however, they can file an I-130 at the same time as the I-485 and file as the spouse of a US citizen who is currently in the US and entered legally. Len is right, though, the important 'expiry' date is the one on the I-94, not the one of the K-1. You needed to get married before the I-94 expired.

So the I-94's validity for K-1's is always 90 days?

[Kathryn41 3,205]

Yes, the validity of the I-94 for K-1 visa entrants is always 90 days.

[txpaige 0]

Whewww...well at least we got married 88 days into his stay...the I-94 was still valid. My only concern is now that his I-94 is no longer valid...does that mean I file different (or additional) paperwork...

[payxibka 10,045]

Whewww...well at least we got married 88 days into his stay...the I-94 was still valid. My only concern is now that his I-94 is no longer valid...does that mean I file different (or additional) paperwork...

no, just file the I-485, et al...