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

[pushbrk 12,883]

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

First, the judge's comments should be quite significant in a possitive way at the visa interview.

Second, the applicable law does not address what happens when a K1 beneficiary fails to marry within 90 days. By default, the applicable law is the same that applies to any adjustment of status for the spouse of a US Citizen who entered the US legally and applies for a status adjustment. I'm not a lawyer. I just know the answer to your question.

[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.

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

First, the judge's comments should be quite significant in a possitive way at the visa interview.

Second, the applicable law does not address what happens when a K1 beneficiary fails to marry within 90 days. By default, the applicable law is the same that applies to any adjustment of status for the spouse of a US Citizen who entered the US legally and applies for a status adjustment. I'm not a lawyer. I just know the answer to your question.

She just wants the link and the law. You can't believe evryone here on VJ. You say you "know". Where do you know it from?

[pushbrk 12,883]

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

First, the judge's comments should be quite significant in a possitive way at the visa interview.

Second, the applicable law does not address what happens when a K1 beneficiary fails to marry within 90 days. By default, the applicable law is the same that applies to any adjustment of status for the spouse of a US Citizen who entered the US legally and applies for a status adjustment. I'm not a lawyer. I just know the answer to your question.

She just wants the link and the law. You can't believe evryone here on VJ. You say you "know". Where do you know it from?

The link I would use is one to the I-485 instructions. We know a lot of things that don't have links. Get over it. Do you have a link to a website that let's us be sure of your mother's maiden name and birthdate? Probably not but I trust you know it anyway. This isn't a law library. It's a self-help immigration message board.

[Thai Rath 1]

Would a moderator please merge this thread with the other one the OP started? People gave him a lot of useful info there that is starting to be duplicated here...

[klicristina 0]

Would a moderator please merge this thread with the other one the OP started? People gave him a lot of useful info there that is starting to be duplicated here...

How to do that?

[pushbrk 12,883]

Would a moderator please merge this thread with the other one the OP started? People gave him a lot of useful info there that is starting to be duplicated here...

How to do that?

A "moderator" would know how. You can't do it yourself.

[Jasman0717 9]

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....

[Kittykisses73 1]

Would a moderator please merge this thread with the other one the OP started? People gave him a lot of useful info there that is starting to be duplicated here...

How to do that?

A "moderator" would know how. You can't do it yourself.

People here are SOOOOO friendly NOT!!!!!!!!!!!!!

[rebeccajo 14]

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.

An I-130 cannot be filed after removal procedures have begun. The judge made no error.

[pushbrk 12,883]

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.

An I-130 cannot be filed after removal procedures have begun. The judge made no error.

Right, and just for the record, I only said she couldn't adjust status NOW using an I-130 because she left the USA. I said nothing about doing it during or after removal proceedings.

[rebeccajo 14]

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.

An I-130 cannot be filed after removal procedures have begun. The judge made no error.

Right, and just for the record, I only said she couldn't adjust status NOW using an I-130 because she left the USA. I said nothing about doing it during or after removal proceedings.

Are you speaking for Stephen?

[pushbrk 12,883]

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.

An I-130 cannot be filed after removal procedures have begun. The judge made no error.

Right, and just for the record, I only said she couldn't adjust status NOW using an I-130 because she left the USA. I said nothing about doing it during or after removal proceedings.

Are you speaking for Stephen?

No, obviously I'm speaking for the Pushbrk he said was right and clarifying that nothing he says after agreeing with me has anything to do with what he's agreeing with. If you don't already understand that, well.... Finish my sentence as you please.

[William33 110]

The original thread was moved to the waivers forum. Merging at this stage might be confusing.

Klicristina - (OP) - Do you want the threads merged?

Here is the link for further information...

http://www.visajourney.com/forums/index.php?showtopic=225716

[Stephen + Elisha 92]

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.

An I-130 cannot be filed after removal procedures have begun. The judge made no error.

Got that. I was speaking based on the OP's statement that the judge would not allow his wife to adjust status based on an I-130 because she had entered as a K-1. It's now clear that the OP was mistaken in his understanding of the ruling: the judge could not allow them to adjust status based on an I-130 because that I-485 and underlying I-130 were not filed until removal procedures had already begun.

Unfortunately, the OP erred in failing to marry within the 90 days, then compounded that error by attempting to adjust based on marriage outside the 90 days without filing an I-130 to provide a basis for adjustment (since the K-1 no longer provided such a basis because the 90 day condition was not fulfilled).

Have I missed anything?

[klicristina 0]

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.

An I-130 cannot be filed after removal procedures have begun. The judge made no error.

Got that. I was speaking based on the OP's statement that the judge would not allow his wife to adjust status based on an I-130 because she had entered as a K-1. It's now clear that the OP was mistaken in his understanding of the ruling: the judge could not allow them to adjust status based on an I-130 because that I-485 and underlying I-130 were not filed until removal procedures had already begun.

Unfortunately, the OP erred in failing to marry within the 90 days, then compounded that error by attempting to adjust based on marriage outside the 90 days without filing an I-130 to provide a basis for adjustment (since the K-1 no longer provided such a basis because the 90 day condition was not fulfilled).

Have I missed anything?

Guys,

I don't know whether such a law exists for a K1 visa to adjust status outside the 90 day window by filing conjointly a I-485 and I-130 based on my wife being my immediate relative. I have asked and no one has directed me to an official website or some written law that states this option in writing. I consulted with 6 lawyers and none have even mentioned that this option is possible. I hope that my luck is not this bad. Some one refer me to www.visapro.com but my lawyer told me that the website is incorrect. So I am back to square one again. I would add that if this option is available, I would believe that the judge would have given me this opportunity to file. At the very least, the judge would have told us what we should have filed 485 and 130 together. In fact, I had already filed the I-130 3 months ahead of the removal hearing and the judge was awared of this. Maybe, I was barred from filing because my wife was in removal procedure. And another thing about the judge's comment about 180 day, I don't think that a judge with 30+ years on the bench would not know that I-94 for a K1 is valid for only 90 days. You tell me.

The essence of my wife's case is a human error by CBP at the airport on the I-94 because it drives everything in the case. It is not a moot point just because my wife had left the country because the I-94 could trigger a ban depending on what date you go by. The 15 month date writtened on my wife's I-94 or the 3 month date used by USCIS. Yes, we can get waiver, but who want to go through that if they don't have to. I personally agreed with the judge that my wife should not be accountable for a mistake made by the CBP. If the interviewer disagrees, then we have to cross that bridge when we get there. Until then, I am seeking your opinion and comment revelant to my situation. I don't that there have ever been a case like my wife's.