Applying for AOS with expired i-94 form for k1 visa

[Philosykos 0]

Bad advice IMO.

I called USCIS about this and they said to get your AOS done prior to being out of status. Which is controlled by your I-94. (Calling USCIS will produce different answers - several questions I have asked showed this to me).

So - you should base everything on what the current law says with the I-94. (I will keep it related to the K-1) - because that is what will be used, not some persons "comments".

Your "out of status" starts the day after your I-94 expires. Your "out of status" clock starts ticking. Coming in on a K-1 does not change this. Being married does not change this. Read the link provided above - it makes no mention of a K-1 or any visa for that matter.

If you leave the US after getting 180+ of out of status, and attempt to re-enter the US, you could face a ban. Even, (and confirmed with USCIS), if you are granted the AP, you are still subject to the ban. States that in the AP instructions (you will also notice that it makes no difference if your on a K-1 or not)

So - everyone that comes here intending to adjust status should do so as soon as possible. There is really no reason to wait. You should know the cost prior to doing it (If your coming in on a K-1) - so lack of funds should not figure into this.

Now - with that said, most people will have no issue with adjusting (even if late), however, some people have had issues, so I believe it is wrong to give people "wiggle" room - because they would suffer "if" they get picked for more intense scrunity. Which means to me if I have to "scare" someone to staying "legal" - I will do so....

The choice is up to you in the end, so it will be only you to suffer if you delayed and get "caught"

______

Yes, in areas where there are a lot of illegal traffic, they (ICE/CBP) setup checkpoints to check for illegals. Sometimes they check at bus depots, or even in airports.

Some definitions - notice it does not mention exceptions for K-1's.

Per the "State.gov"

Please note that I was not advising anyone to file late. As I said above, I agree everyone should file as soon as possible (and certainly not accumulate more than 180 days out of status!). All I was saying is that there is no need to worry if filing gets delayed a few weeks (such as because the marriage license is received late), since I have yet to hear about a K-1 visa holder getting in trouble for doing so, and the US government doesn't have any interest in penalizing a US citizen and his legal spouse in this situation. And I was not referring to you, Bobby, when I mentioned the 'attempt to scare'. I never get that vibe from your posts.

Edited December 30, 2009 by Philosykos

[Philosykos 0]

Bad advice IMO.

I called USCIS about this and they said to get your AOS done prior to being out of status. Which is controlled by your I-94. (Calling USCIS will produce different answers - several questions I have asked showed this to me).

So - you should base everything on what the current law says with the I-94. (I will keep it related to the K-1) - because that is what will be used, not some persons "comments".

Your "out of status" starts the day after your I-94 expires. Your "out of status" clock starts ticking. Coming in on a K-1 does not change this. Being married does not change this. Read the link provided above - it makes no mention of a K-1 or any visa for that matter.

If you leave the US after getting 180+ of out of status, and attempt to re-enter the US, you could face a ban. Even, (and confirmed with USCIS), if you are granted the AP, you are still subject to the ban. States that in the AP instructions (you will also notice that it makes no difference if your on a K-1 or not)

So - everyone that comes here intending to adjust status should do so as soon as possible. There is really no reason to wait. You should know the cost prior to doing it (If your coming in on a K-1) - so lack of funds should not figure into this.

Now - with that said, most people will have no issue with adjusting (even if late), however, some people have had issues, so I believe it is wrong to give people "wiggle" room - because they would suffer "if" they get picked for more intense scrunity. Which means to me if I have to "scare" someone to staying "legal" - I will do so....

The choice is up to you in the end, so it will be only you to suffer if you delayed and get "caught"

______

Yes, in areas where there are a lot of illegal traffic, they (ICE/CBP) setup checkpoints to check for illegals. Sometimes they check at bus depots, or even in airports.

Some definitions - notice it does not mention exceptions for K-1's.

Per the "State.gov"

Oh, and just to make that clear: I also did not say that a K-1 visa holder is exempt from the I-94 rules. I only stated that a K-1 visa holder who got married within 90 days and then is out of status for a few weeks, if 'caught', will very likely be treated differently than someone who overstays a visitor visa (NOT intended for immigration), then gets married while out of status, and then fails to file for AOS in a timely manner.

[kitty rahman 0]

I got an appointment at Chicago Offices and they told me the same, there is no time to file for AOS as long as u married within 90 days.

This was the information the officers gave me in person.

Thanks for posting this info from USCIS, there seems to be a lot of confusion on this issue here. In another thread on the topic, someone tried to scare the OP by referencing the experience of a guy who was locked up and fined after having been out of status (yet married) on a visitor's visa, suggesting this might happen to a K-1. A K-1 holder, however, is in a very different situation, and as long as you can produce evidence of your legal entry and marriage, I highly doubt they would do anything to you but make you file AOS right away. The only firm deadline for a K-1 holder is to get married within 90 days, and it is only in your interest to file for AOS as soon as possible after the wedding in order to be able to work and travel internationally. Nobody will start removal proceedings against you as long as you don't do anything illegal.

We filed for AOS three weeks after I-94 expiration, and in the meantime I carried my passport and marriage license around, along with my valid US driver's license for general ID (which I have from my previous stay). While I would recommend to anyone to file for AOS as soon as possible, I would also say not to worry if you don't manage to do it within 90 days of arrival on a K-1.

(As a side note, I am wondering what border controls people are referring to when they say not to get anywhere near the borders while out of status? Are there officers walking around checking on people? I just spent a week out of status just across the lake from Canada and needless to say, I had zero contact with any CBP officers... Maybe those random checks on US territory are more common near the Mexican border? But the abovementioned guy cited in the other thread was busted on a bus to New York. What kind of checks are those? Just curious.)