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Salla

Questions about expired K1 visa

By Salla in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Salla Newbie

Salla   0

Posted
Filed: Country: Finland
 Timeline
Posted

Hi everyone.

Have found a few questions kind of like mine, but nothing as case specific. Was wondering and hoping that someone has had a similar experience to ours.

My K1 visa is expired as of August last year. We were married within the 90 days, but have not been able to come up with the funds for the Application for Adjustment of status. So a couple of questions...

1) Can I travel domestically in the US with my passport even though the visa is expired? Wouldn't this raise red flags with INS? We are planning a trip to AZ in Feb. and I do not want to a) buy tickets that we will find out we can not use B) complicate my situation any more than it already is!

2) Has anyone filed for the AOS after a long time period like our and gotten accepted? Was it a problem? Did you write a reason for why it is so late on the cover letter? We are panicking!!! Did you have to re do your medical exam? We probably won't have the funds to apply for quite some time...

3) I keep on reading about people who came in with a K1 and were able to get SS numbers and drivers licenses!!! WHAT????????? How is this possible? We live in Missouri and I am not even eligible for an American drivers license without a greencard! And that was when i called and my visa was still valid! Was this just something that I did not know about and could have done? If so, I guess I can not anymore since my visa is now expired...

I am so happy to have found this website. I am new here so if you could not use so many acronyms it would be appreciated since mostly I don't know what they mean!

Thank you for your replies!

Salla

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted (edited)
Hi everyone.

Have found a few questions kind of like mine, but nothing as case specific. Was wondering and hoping that someone has had a similar experience to ours.

My K1 visa is expired as of August last year. We were married within the 90 days, but have not been able to come up with the funds for the Application for Adjustment of status. So a couple of questions...

1) Can I travel domestically in the US with my passport even though the visa is expired? Wouldn't this raise red flags with INS? We are planning a trip to AZ in Feb. and I do not want to a) buy tickets that we will find out we can not use B) complicate my situation any more than it already is!

Your visa is no longer active - it died when you entered the US. Your status is controlled by your I-94 - when does that expire?

2) Has anyone filed for the AOS after a long time period like our and gotten accepted? Was it a problem? Did you write a reason for why it is so late on the cover letter? We are panicking!!! Did you have to re do your medical exam? We probably won't have the funds to apply for quite some time...

Plenty of people have with no problems - only issues you would have is with ICE (like if your travelling and they do a checkpoint, etc... and you haven't AOS yet...)

3) I keep on reading about people who came in with a K1 and were able to get SS numbers and drivers licenses!!! WHAT????????? How is this possible? We live in Missouri and I am not even eligible for an American drivers license without a greencard! And that was when i called and my visa was still valid! Was this just something that I did not know about and could have done? If so, I guess I can not anymore since my visa is now expired...

Each state is different when it comes to DL's. SSN's have rules for K-1's that allow them to be issued. However, since you are probably outside your I-94, only the AOS paperwork will work for you.

I am so happy to have found this website. I am new here so if you could not use so many acronyms it would be appreciated since mostly I don't know what they mean!

Thank you for your replies!

Salla

(moved from K-1 to AOS - more related)

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

Nik+Heather Experienced

Nik+Heather   121

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted

Travelling is prime time to have your ID checked and to be found out as a person who is out of status.

I'm sorry, but if you are considering vacations, I don't think you have put the priority on filing AOS that you need to. Some people will come in here and say "So what, she's not going to be deported" and while that may be true, people who are caught out of status are frequently "detained" which is a polite way of saying that they were thrown in jail with the drunk and disorderlys while things got sorted out. Not to mention fines/bail. If we couldn't afford AOS, we wouldn't be paying for cable, cell phones, internet or go out to eat, let alone go on trips until we had saved for it.

Your overseas medical is good for one year. We are seeing a lot of RFEs, so you'll also want to make sure you get the vaccines transcribed by a CS even if they were complete already.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

TBoneTX Grand Master

TBoneTX   46,277

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
Travelling is prime time to have your ID checked and to be found out as a person who is out of status.

I'm sorry, but if you are considering vacations, I don't think you have put the priority on filing AOS that you need to. Some people will come in here and say "So what, she's not going to be deported" and while that may be true, people who are caught out of status are frequently "detained" which is a polite way of saying that they were thrown in jail with the drunk and disorderlys while things got sorted out. Not to mention fines/bail. If we couldn't afford AOS, we wouldn't be paying for cable, cell phones, internet or go out to eat, let alone go on trips until we had saved for it.

Words to heed and to live by. Arizona, si man? Have you heard of Sheriff Joe Arpaio and his gang of status-checking thugs?

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Wis-Can Proficient

Wis-Can   0

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Yes I think the trip should be put on hold and file your AOS. Not to be judgemental...sorry. If you wait to long your medical will be invalid (only good for a year) and you'll have to have a full medical all over again. Take care and I hope your able to file your AOS soon.

Wisconsin Hunter & A Canadian Beaver

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

I agree with all advice and comments above.

Be sure to be careful if your trip would take you to southern AZ. If you were to pass through any CBP interior inspection stations it would be a problem as you are out of status. There have been a couple of VJ posters that have been detained when stopped at these checkpoints.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

TBoneTX Grand Master

TBoneTX   46,277

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
If you were to pass through any CBP interior inspection stations it would be a problem
This is an understatement, si man.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Nich-Nick Grand Master

Nich-Nick   3,354

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I think you should watch this video about women who married US citizens, but hadn't completed the AOS process when the husbands unexpectantly died. Sometimes dreadful things happen that you never anticipated.

For Better of Worse - 60 minutes

The better news is, there is a new law that went into effect a few months ago to help widows in such situations. Had they just filed their AOS, things would have been so much easier on these women and their families.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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