I WAS A K-1 AND MY I-94 WAS VALID FOR 15 MONTHS

[klicristina 0]

I entered the US on a K-1 visa, I got married outside the 90 days, and my I-94 is valid for 15 months instead of the normal 3 months. This is not a normal situation so I want to know when am I out of status - after 90 days or after 15 months after arrival?

[Otto 83]

I'm guessing what was written on your I-94 and what was entered into the USCIS system were two different things - it's doubtful (although you may already know the answer) a CBP officer's mistake in writing the year passes as an official expiration date. I could be wrong...

[Dakine 26]

I entered the US on a K-1 visa, I got married outside the 90 days, and my I-94 is valid for 15 months instead of the normal 3 months. This is not a normal situation so I want to know when am I out of status - after 90 days or after 15 months after arrival?

Doesn't really matter as a K1 is a single entry visa. LOTS of people are out of status after the 90 days which doesn't really affect their process. Rare when a K1 out of status gets busted before they file to adjust status.

As Otto and Karin mentioned. You are probably listed as 90 days in the system.

[pushbrk 12,898]

I entered the US on a K-1 visa, I got married outside the 90 days, and my I-94 is valid for 15 months instead of the normal 3 months. This is not a normal situation so I want to know when am I out of status - after 90 days or after 15 months after arrival?

Doesn't really matter as a K1 is a single entry visa. LOTS of people are out of status after the 90 days which doesn't really affect their process. Rare when a K1 out of status gets busted before they file to adjust status.

As Otto and Karin mentioned. You are probably listed as 90 days in the system.

It just means your husband will need to file an I-130 together with the I-485 when you attempt to adjust status. The terms of your visa dictate this. You must marry within the 90 days in order adjust without an I-130.

[Otto 83]

I entered the US on a K-1 visa, I got married outside the 90 days, and my I-94 is valid for 15 months instead of the normal 3 months. This is not a normal situation so I want to know when am I out of status - after 90 days or after 15 months after arrival?

Doesn't really matter as a K1 is a single entry visa. LOTS of people are out of status after the 90 days which doesn't really affect their process. Rare when a K1 out of status gets busted before they file to adjust status.

As Otto and Karin mentioned. You are probably listed as 90 days in the system.

It just means your husband will need to file an I-130 together with the I-485 when you attempt to adjust status. The terms of your visa dictate this. You must marry within the 90 days in order adjust without an I-130.

The OP has some 'history' - evidenced in some other posts.

http://www.visajourney.com/forums/index.ph...=225716&hl=

[payxibka 10,045]

It doesn't matter what anyone here thinks... The DOS will decide this issue at interview time... be prepared for the worst and hope for the best....

[Kathryn41 3,205]

Because you did not fulfill the conditions of the K-1 visa - getting married within 90 days - you cannot adjust status on the basis of the K-1. Getting married within 90 days is a requirement of the visa, not the I-94. As Pushbrk states, to adjust status now, the OP needs to file an I-130 concurrently with the I-485. The I-130 will provide the basis for adjustment of status. If there is no I-130 filed, then the I-485 will be denied because there is no status upon which to adjust status.

[payxibka 10,045]

Because you did not fulfill the conditions of the K-1 visa - getting married within 90 days - you cannot adjust status on the basis of the K-1. Getting married within 90 days is a requirement of the visa, not the I-94. As Pushbrk states, to adjust status now, the OP needs to file an I-130 concurrently with the I-485. The I-130 will provide the basis for adjustment of status. If there is no I-130 filed, then the I-485 will be denied because there is no status upon which to adjust status.

not needs... needed to... the I-130/I-485 is no longer an option for the OP as she already was removed from the country

[Kathryn41 3,205]

ah! Well, it becomes a moot point then. Hopefully, others will benefit from the OP's situation.

[pushbrk 12,898]

ah! Well, it becomes a moot point then. Hopefully, others will benefit from the OP's situation.

Yes, her departure from the US makes the entire discussion moot.

[klicristina 0]

I entered the US on a K-1 visa, I got married outside the 90 days, and my I-94 is valid for 15 months instead of the normal 3 months. This is not a normal situation so I want to know when am I out of status - after 90 days or after 15 months after arrival?

Doesn't really matter as a K1 is a single entry visa. LOTS of people are out of status after the 90 days which doesn't really affect their process. Rare when a K1 out of status gets busted before they file to adjust status.

As Otto and Karin mentioned. You are probably listed as 90 days in the system.

It just means your husband will need to file an I-130 together with the I-485 when you attempt to adjust status. The terms of your visa dictate this. You must marry within the 90 days in order adjust without an I-130.

Could you please direct us to the website that states the law to backup your claim that a K-1 can still adjust after the 90 days by filing an I-485 and I-130?

Thank-you

[pushbrk 12,898]

I entered the US on a K-1 visa, I got married outside the 90 days, and my I-94 is valid for 15 months instead of the normal 3 months. This is not a normal situation so I want to know when am I out of status - after 90 days or after 15 months after arrival?

Doesn't really matter as a K1 is a single entry visa. LOTS of people are out of status after the 90 days which doesn't really affect their process. Rare when a K1 out of status gets busted before they file to adjust status.

As Otto and Karin mentioned. You are probably listed as 90 days in the system.

It just means your husband will need to file an I-130 together with the I-485 when you attempt to adjust status. The terms of your visa dictate this. You must marry within the 90 days in order adjust without an I-130.

Could you please direct us to the website that states the law to backup your claim that a K-1 can still adjust after the 90 days by filing an I-485 and I-130?

Thank-you

I could but it doesn't apply to you. Adjustment of status is done from inside the USA. You left.

[Stephen + Elisha 92]

I entered the US on a K-1 visa, I got married outside the 90 days, and my I-94 is valid for 15 months instead of the normal 3 months. This is not a normal situation so I want to know when am I out of status - after 90 days or after 15 months after arrival?

Doesn't really matter as a K1 is a single entry visa. LOTS of people are out of status after the 90 days which doesn't really affect their process. Rare when a K1 out of status gets busted before they file to adjust status.

As Otto and Karin mentioned. You are probably listed as 90 days in the system.

It just means your husband will need to file an I-130 together with the I-485 when you attempt to adjust status. The terms of your visa dictate this. You must marry within the 90 days in order adjust without an I-130.

Could you please direct us to the website that states the law to backup your claim that a K-1 can still adjust after the 90 days by filing an I-485 and I-130?

Thank-you

I could but it doesn't apply to you. Adjustment of status is done from inside the USA. You left.

pushbrk is right. The time to press this point would have been immediately after the immigration judge issued his ruling. While he may have erred in ruling that your K-1 status prevented you from adjusting on the basis of an I-130, you would have needed to appeal the ruling in order to pursue this. By leaving the US under voluntary departure, this avenue was permanently closed to you.

It sounds like you may have been done a disservice by your immigration attorney in that no appeal was pursued. Perhaps he deemed your best option to be accepting the voluntary departure and reapplying with a spousal visa from outside the US. In any case, what's done is done, and you now need to focus on the present—the upcoming interview and the need to prepare for the waiver process if necessary. Good luck to you.

[TracyTN 237]

I'll never understand what's so hard about getting married w/in that 90 day period. Had that happened, all this ugliness would have been avoided.

[klicristina 0]

I entered the US on a K-1 visa, I got married outside the 90 days, and my I-94 is valid for 15 months instead of the normal 3 months. This is not a normal situation so I want to know when am I out of status - after 90 days or after 15 months after arrival?

Doesn't really matter as a K1 is a single entry visa. LOTS of people are out of status after the 90 days which doesn't really affect their process. Rare when a K1 out of status gets busted before they file to adjust status.

As Otto and Karin mentioned. You are probably listed as 90 days in the system.

It just means your husband will need to file an I-130 together with the I-485 when you attempt to adjust status. The terms of your visa dictate this. You must marry within the 90 days in order adjust without an I-130.

Could you please direct us to the website that states the law to backup your claim that a K-1 can still adjust after the 90 days by filing an I-485 and I-130?

Thank-you

I could but it doesn't apply to you. Adjustment of status is done from inside the USA. You left.

pushbrk is right. The time to press this point would have been immediately after the immigration judge issued his ruling. While he may have erred in ruling that your K-1 status prevented you from adjusting on the basis of an I-130, you would have needed to appeal the ruling in order to pursue this. By leaving the US under voluntary departure, this avenue was permanently closed to you.

It sounds like you may have been done a disservice by your immigration attorney in that no appeal was pursued. Perhaps he deemed your best option to be accepting the voluntary departure and reapplying with a spousal visa from outside the US. In any case, what's done is done, and you now need to focus on the present—the upcoming interview and the need to prepare for the waiver process if necessary. Good luck to you.

For my and anyone elses' educational purposes, could you still please direct me to the law you are talking about? I understand everything you said, but I still would like to see the writtened law.

One further request. At the removal hearing, the judge didn't have to do but he wrote on the court order the following comments, "Respondent is departing US prior to her 180 day to AVOID the 3 year ban and immigrate as an immediate relative. Facts of this case are sympathetic. Bonafides of marriage have been established."

How much will the judge's comments have on the decision making on the interviewer on November 6th?

Thank-you