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JeremySusan

Being Out of Status - do not worry people

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Filed: K-1 Visa Country: Ireland
Timeline

http://www.uscis.gov/files/form/i-485instr.pdf

10. Who is not eligible to adjust status

Please see ( F ) You failed to maintain you non-immigrant status other than through no fault of your own or for technical reasons unless you are applying because you are a

(ii) A K-1 of K-2 fiance(e) dependant who married the US petitioner within 90 days.

Please read all the text in the link.

But I have come across some people who literally want to put the fear of God in others if they go over their I-94 departure date and have not adjusted their status. It is explicitly mentioned in the instructions of the I-485 that people adjusting from K-1 DO NOT go out of status. Which would make sense considering they give you 90 days to get married.......if you get married on the 89 day, who would be ready to adjust status 1 day later.

Hope this helps ease a few minds........ I literally had a sleepless night over this

Edited by JeremySusan

I129F process

23/02/09_ I129F Sent

25/02/09_I_129F received, signed for by D Renaud

25/02/09_ NOA 1 issued

01/03/09_ Touched

30/06/09_ NAO2 issued

01/07/09_ NAO 2 email from uscis received

06/07/09_ NAO 2 hardcopy received in post

10/07/09_ NVC receives application

13/07/09_ NVC sends application to dublin embassy

15/07/09_ Dublin embassy receives application

28/07/09_ Packet 3 Received

28/07/09_ Packet 3 Sent (Notice of Readiness returned)

28/07/09_ Medical Results collected from Clinic - all good to go :)

05/08/09_ Packet 4 Received

21/07/09_ Medical @ 10am in Blackrock Clinic PASSED woo hoo

11/08/09_ Interview PASSED

14/08/09_ Visa in hand.........woo hoo :)

23/09/09_ US Entry (POE - Chicago)

20/11/09_ Married

AOS SECTION

30/12/2009_AOS, Employment Authorization, Advanced Parole Sent to Chichago

31/12/2009_Received and signed for at Chicago Lockbox

06/01/2010_NAO1 received for all of the above

14/01/2010_ Recevied Biometrics letter

09/02/2010_ Biometrics in Fort Smith

17/02/2010_Recieved email that Employment Authorisation has been approved, card production in process

22/02/2010_Received Advanced Parole documents in the post :)

10/03/2010_Received Notification of Interview for AOS

14/04/2010_Interview Fort smith @ 10.00am for AOS

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Filed: Citizen (apr) Country: Canada
Timeline

Can you give more information on this? I looked at the section of the link you posted and dont see what you wrote on there.

Everything I have searched online states that you go out of status if you have not applied for AOS before the I-94 expires and says that if you applied before it expires and it does after you applied then you dont go out of status.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: K-1 Visa Country: Ireland
Timeline

Sure.... i found it in the link posted above, page 2 section ( f ). it should be the first section on the right hand side of the page.

I tried to copy nad paste it but it is pdf and would not let me

I129F process

23/02/09_ I129F Sent

25/02/09_I_129F received, signed for by D Renaud

25/02/09_ NOA 1 issued

01/03/09_ Touched

30/06/09_ NAO2 issued

01/07/09_ NAO 2 email from uscis received

06/07/09_ NAO 2 hardcopy received in post

10/07/09_ NVC receives application

13/07/09_ NVC sends application to dublin embassy

15/07/09_ Dublin embassy receives application

28/07/09_ Packet 3 Received

28/07/09_ Packet 3 Sent (Notice of Readiness returned)

28/07/09_ Medical Results collected from Clinic - all good to go :)

05/08/09_ Packet 4 Received

21/07/09_ Medical @ 10am in Blackrock Clinic PASSED woo hoo

11/08/09_ Interview PASSED

14/08/09_ Visa in hand.........woo hoo :)

23/09/09_ US Entry (POE - Chicago)

20/11/09_ Married

AOS SECTION

30/12/2009_AOS, Employment Authorization, Advanced Parole Sent to Chichago

31/12/2009_Received and signed for at Chicago Lockbox

06/01/2010_NAO1 received for all of the above

14/01/2010_ Recevied Biometrics letter

09/02/2010_ Biometrics in Fort Smith

17/02/2010_Recieved email that Employment Authorisation has been approved, card production in process

22/02/2010_Received Advanced Parole documents in the post :)

10/03/2010_Received Notification of Interview for AOS

14/04/2010_Interview Fort smith @ 10.00am for AOS

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Unfortunately, there are posts here where people were pass their I-94 date, and had issues with ICE. (even though they were married)

Also, your "out of status" time starts ticking when the I-94 expires, so if you go past 180+ days before you file for the AOS, that "out of status" time will count against you if you leave (say on an AP) and attempt to re-enter.

(this was confirmed by CBP when I questioned them about it).

So - to play it safe, you should get your AOS done before you go out of status.

Will you have issues if you don't? Probably not - but it's your time/money -

cheers...

(Also - that instruction you posted was "who can" apply for the AOS, it does not mean you can't go out of status with the I-94 - you, of course, can apply for AOS after the I-94 - no one has stated you cannot do that as far as I know)

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Canada
Timeline
Sure.... i found it in the link posted above, page 2 section ( f ). it should be the first section on the right hand side of the page.

I tried to copy nad paste it but it is pdf and would not let me

That whole section is explaining who isnt allowed to adjust ? and it says that you are able to adjust if through no fault of your own or for technical reasons; unless you are applying because you are (ii) a k1 fiance who married within the 90days.

That doesnt say anywhere that you wont be out of status? it says you can apply for adjustment?

Unless im reading it wrong.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: K-1 Visa Country: Ireland
Timeline

I have read many post from people who have stated the above and when people ask where did they get that infomation there is no follow up from the OP.

I am posting information from USCIS website and their instruction sheet for filling out I-485.

I129F process

23/02/09_ I129F Sent

25/02/09_I_129F received, signed for by D Renaud

25/02/09_ NOA 1 issued

01/03/09_ Touched

30/06/09_ NAO2 issued

01/07/09_ NAO 2 email from uscis received

06/07/09_ NAO 2 hardcopy received in post

10/07/09_ NVC receives application

13/07/09_ NVC sends application to dublin embassy

15/07/09_ Dublin embassy receives application

28/07/09_ Packet 3 Received

28/07/09_ Packet 3 Sent (Notice of Readiness returned)

28/07/09_ Medical Results collected from Clinic - all good to go :)

05/08/09_ Packet 4 Received

21/07/09_ Medical @ 10am in Blackrock Clinic PASSED woo hoo

11/08/09_ Interview PASSED

14/08/09_ Visa in hand.........woo hoo :)

23/09/09_ US Entry (POE - Chicago)

20/11/09_ Married

AOS SECTION

30/12/2009_AOS, Employment Authorization, Advanced Parole Sent to Chichago

31/12/2009_Received and signed for at Chicago Lockbox

06/01/2010_NAO1 received for all of the above

14/01/2010_ Recevied Biometrics letter

09/02/2010_ Biometrics in Fort Smith

17/02/2010_Recieved email that Employment Authorisation has been approved, card production in process

22/02/2010_Received Advanced Parole documents in the post :)

10/03/2010_Received Notification of Interview for AOS

14/04/2010_Interview Fort smith @ 10.00am for AOS

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I have read many post from people who have stated the above and when people ask where did they get that infomation there is no follow up from the OP.

I am posting information from USCIS website and their instruction sheet for filling out I-485.

I think you are misunderstanding the instructions. You are referencing who can adjust for status.

Not what happens if you go pass the I-94 date. They are two different things entirely.

If you came here as a tourist, and given 6 months on your I-94, the day after it expires, you will start accumulating "out of status" days. Go over 180 and you have some problems with getting back into the US.

Why would this change if you marry an USC and go past your I-94?

When you apply for AOS, your status changes to "applicant to adjust status". Which "stops" the clock, so to speak.

If you read the AP instructions, they are very clear on stating that you need to ensure you have not gone past 180 days of being out of status, or you will most likely get a ban on re-entry to the US.

Again, I had this confirmed with CBP (I was checking for a friend), and there is one poster here that had that confirmed with USCIS. (they had waited 190 days to file for the AOS (after the I-94 expired) and was granted an AP, however, they were worried and got an infopass, and USCIS told them if they used the AP, they would suffer the ban on coming back).

So - you should not wait to file the AOS. Few days, couple of weeks, probably no issues, but for months? That would not be my recommendation.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: Ireland
Timeline
That whole section is explaining who isnt allowed to adjust ? and it says that you are able to adjust if through no fault of your own or for technical reasons; unless you are applying because you are (ii) a k1 fiance who married within the 90days.

That doesnt say anywhere that you wont be out of status? it says you can apply for adjustment?

Unless im reading it wrong.

This is the way I read this section.........you are not eligible to adjust if you do not maintain your status ( F ) You failed to maintain you non-immigrant status....however you are not out of status if you are applying as a K-1, K-2 finace(e) applicant who married the US petitioner within 90 days.

Yes you are correct in saying it is about who isnt allowed to adjust, but read carefuly, it gives exceptions i.e K-1 or K-2

I129F process

23/02/09_ I129F Sent

25/02/09_I_129F received, signed for by D Renaud

25/02/09_ NOA 1 issued

01/03/09_ Touched

30/06/09_ NAO2 issued

01/07/09_ NAO 2 email from uscis received

06/07/09_ NAO 2 hardcopy received in post

10/07/09_ NVC receives application

13/07/09_ NVC sends application to dublin embassy

15/07/09_ Dublin embassy receives application

28/07/09_ Packet 3 Received

28/07/09_ Packet 3 Sent (Notice of Readiness returned)

28/07/09_ Medical Results collected from Clinic - all good to go :)

05/08/09_ Packet 4 Received

21/07/09_ Medical @ 10am in Blackrock Clinic PASSED woo hoo

11/08/09_ Interview PASSED

14/08/09_ Visa in hand.........woo hoo :)

23/09/09_ US Entry (POE - Chicago)

20/11/09_ Married

AOS SECTION

30/12/2009_AOS, Employment Authorization, Advanced Parole Sent to Chichago

31/12/2009_Received and signed for at Chicago Lockbox

06/01/2010_NAO1 received for all of the above

14/01/2010_ Recevied Biometrics letter

09/02/2010_ Biometrics in Fort Smith

17/02/2010_Recieved email that Employment Authorisation has been approved, card production in process

22/02/2010_Received Advanced Parole documents in the post :)

10/03/2010_Received Notification of Interview for AOS

14/04/2010_Interview Fort smith @ 10.00am for AOS

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Filed: Citizen (apr) Country: Canada
Timeline
This is the way I read this section.........you are not eligible to adjust if you do not maintain your status ( F ) You failed to maintain you non-immigrant status....however you are not out of status if you are applying as a K-1, K-2 finace(e) applicant who married the US petitioner within 90 days.

Yes you are correct in saying it is about who isnt allowed to adjust, but read carefuly, it gives exceptions i.e K-1 or K-2

yes it gives acceptions for who is allowed to file. NOT for being out of status or not.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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There are no exceptions on being banned if you accumulate out of status days, which happens if you go past the I-94 expiration. (going past 180+ days that is)

Here is the link that confirms this.

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Other Timeline

JeremySusan -

There are many categories of aliens who can be in this country, out of status, for as long as they can get away with it without getting caught, who are still eligible to adjust status via marriage to a US citizen (which is the method by which a K1 entrant adjusts).

Just because a K1 entrant CAN adjust after the I94 expires, does not mean they are not 'out of status'. Eligibility for the adjustment has no bearing on the alien's immigrant status prior to the grant of adjustment.

Edited by rebeccajo
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BTW - if my replies "scare" people - then good, perhaps they won't experience what Idalia experienced!

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Other Timeline
When you apply for AOS, your status changes to "applicant to adjust status". Which "stops" the clock, so to speak.

"Applicant to adjust status" is not an immigrant category.

Persons who are between the date of expiry of their I94 and the date of issuance of a green card have no legal status with the Service (ie they have no codified status under the INA).

However, a person who has applied to adjust their status is considered by many experts to be "under color of law" - they are not removable from the US because they have a pending application with the Service.

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"Applicant to adjust status" is not an immigrant category.

Persons who are between the date of expiry of their I94 and the date of issuance of a green card have no legal status with the Service (ie they have no codified status under the INA).

However, a person who has applied to adjust their status is considered by many experts to be "under color of law" - they are not removable from the US because they have a pending application with the Service.

No - that is just what your "status" is (this came from an USCIS/Lawyer source(s)). (in status, out of status, applicant to adjust status) - basically lawyer speak :)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Other Timeline
No - that is just what your "status" is (this came from an USCIS/Lawyer source(s)). (in status, out of status, applicant to adjust status) - basically lawyer speak :)

I'm not understanding you.

If your lawyer friend means "this is what we call such a person" then yes he is right. But there is no technical category in the INA for these persons.

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