AOS before or after I-94 expires

[sachinky 465]

I still don't understand where/how you have this information that the K-1 is a special visa with supposedly indefinite stay/extra protection.

Heck, it's inferior to the K-3 or even a B2 which are at least multiple entries. K-1 is single entry visa which will allow you into the U.S. to marry your petitioner within 90 days. That's it. Nothing else until you file for the AOS.

[Rebecca Jo 1,962]

You have no idea. I'm just getting started!

I suppose that if I told you a stove was hot and not to touch it, but you insisted it could only burn if you place a hand on it, that this analogy is lost?

[mox 298]

I still don't understand where/how you have this information that the K-1 is a special visa with supposedly indefinite stay/extra protection.

Heck, it's inferior to the K-3 or even a B2 which are at least multiple entries. K-1 is single entry visa which will allow you into the U.S. to marry your petitioner within 90 days. That's it. Nothing else until you file for the AOS.

You're reading a little too much into what I said. I know #### all about tourist visas or most other visas. Hell I don't even read my Visa credit card statement. I know a lot about K1 visas though because of my K1 visa wife emporium business I married on a K1 visa and it's kinda helpful to know these things. But I do know that the K1 is special in possibly a short bus kinda way. For example, it's a non-immigrant visa that allows adjustment of status. Weird huh? Maybe there are other visas that do that too, but if I was a wagering man instead of a heavy drinker, I'd bet that tourist visas don't allow this sort of thing unless you pull the 'ol "o hai Ima marry right out of the blue but honestly I had no intent" thing. It's also a visa that stops being a visa when you'd think you need it most. That's kinda weird too huh?

Anyway, having said that, I don't know if there's some kinda mojo about the K1 that others don't, so maybe there's some bizarro tourist visa that allows indefinite stays or extra protection. Anything's possible I guess, it's the government and they're kinda funny in the head like that.

I suppose that if I told you a stove was hot and not to touch it, but you insisted it could only burn if you place a hand on it, that this analogy is lost?

Er...if you told me a stove was hot I'd insist that "no ####### Sherlock!"

[Usui Takumi 1,562]

I still don't understand where/how you have this information that the K-1 is a special visa with supposedly indefinite stay/extra protection.

Heck, it's inferior to the K-3 or even a B2 which are at least multiple entries. K-1 is single entry visa which will allow you into the U.S. to marry your petitioner within 90 days. That's it. Nothing else until you file for the AOS.

Its not special, I too believe that you can be deported beyond the 90 days. I wish I could find that old post to find out why a judge allowed the woman to stay. Perhaps they filed while in deportation?

Personally I would always file by the 90 days.

[Trompe le Monde 1,107]

If someone can help me find the following post it might help.

About 8 months ago someone posted on this forum that they were checked at one of those highway CBP checkpoints and the woman was put into deportation hearings as a result despite being married on a K1 but had not filed AOS. I believe it all worked out in the end for them but was a huge hassle.

Where they within status?

As an aside, we were pulled over for a traffic infraction and had pending AOS (we were interviewed but not approved until months later, probably because of FBI checks) and my husband was given grief for "not carrying his green card" when we had done everything properly. Fortunately we were able to talk him through it, but imagine there are enough boneheaded idiots in the police force where this could have been a problem.

[Usui Takumi 1,562]

Where they within status?

As an aside, we were pulled over for a traffic infraction and had pending AOS (we were interviewed but not approved until months later, probably because of FBI checks) and my husband was given grief for "not carrying his green card" when we had done everything properly. Fortunately we were able to talk him through it, but imagine there are enough boneheaded idiots in the police force where this could have been a problem.

No they were beyond 90 and hadn't yet filed.

[SunDrop 59]

I wish I could find that old post to find out why a judge allowed the woman to stay. Perhaps they filed while in deportation?

I remember that thread. Wasn't it the USC wife who's alien husband had been stopped in some random roadside check? It cost her $1,000s on top of the hastily filed AOS and he was in a detention center for weeks. What puzzled me at the time was how did she come up with the money for fines, lawyers bills AND filing fees so quickly, but couldn't come up with it beforehand? That, I don't remember.

I still just can't get my head around Mox's theory as to why a K-1 non-immigrant entrant is not placing themselves at risk of being 'out of status' once their I-94 expires.

Nobody is saying that once you've passed that expiry date you can't adjust. It's widely known that I-94 overstays are 'excused' as the immediate relative of a USC, and I think this is only as long as it hasn't exceeded 180 days?

I understand how and why people end up not being able to file within those 90 days. Sometimes it could be as innocent as their marriage certificate taking a long time to come through and they only married nearing the end of the 90 days. Others it's because life isn't always bureaucratic, and like John and Camie, they found themselves unexpectedly unable to afford the fee. Even in our case, I'm worried this could happen to us, especially if the threat of fee hikes comes in. We've calculated that we can afford to do it immediately but not if the price goes up. If it does, we'll be forgoing any semblance of a celebratory marriage and instead use that money to AOS. But we still would struggle if they do a near 300% increase the way they have with the visa application fee (from $134 to $350) The short notice and extortionate hikes would have totally changed what we filed for, from a K-1 to a CR-1, had we known before we left the US on Jan 12th. Anyway, I digress...

So really the question now should be what advice is the 'best'? If seasoned posters, with intimate knowledge of the manuals, laws, case laws, process can't agree, then should good, informed advice should be this:

You can still technically file your AOS after your I-94 expiry date passes. Overstays up to 180 days are automatically excused once the AOS is filed. However, general consensus is that you are placing the beneficiary at risk of detention and the threat of possible deportation if they are unfortunate enough to be stopped. Therefore, allow the I-94 to expire without filing by deciding for yourselves whether the struggle/ inconvenience/ inability to file is greater than the risk of the potential consequences.

This isn't scaremongering, it's passing the emphasis of responsibility/ liability back to the poster by providing a rounded, considered response.

[bakofoil 27]

However much you guys may shudder at the thought, the fact is Mox and those who are supporting him, are absolutely correct.

The I-94 expiration date, for a K1 applicant, is important only in that it gives the 90 day time limit in which marriage to the K1 petitioner must occur. There is no technical time limit (although there may well be a practical one) on submitting an AOS application. However, the I-485 application for a K1 applicant is conditional upon the date of marriage being within the 90 days and to the person who petitioned you and THAT is why the I-94 is an important document along with your marriage certificate.

There is nothing that I can find or have experienced in any I-485 literature which demands AOS for a K1 applicant within any timeframe. It is just more sensible to apply as soon as possible for largely practical reasons; earning money, having permission to re-enter the country, getting a driving license in some states and so on.

And for those people who have not filed AOS yet, applying 'late' does not have any negative impact on your I-485 application. Of course, if someone can find the expiry date on an I-485 qualification for a K1 applicant then I'm willing to accept that the adjudicator for my AOS application was just a thoroughly nice person and allowed me to be an exception to this rule.

[mox 298]

I still just can't get my head around Mox's theory as to why a K-1 non-immigrant entrant is not placing themselves at risk of being 'out of status' once their I-94 expires.

Risk...of what? STD's? Wedgies? Mole-people clawing their way from the center of the earth to steal all our women for their Skittle mines?

If you mean risk of deportation based solely on the lack of status adjustment, then even those who disagree with me have conceded that this is highly unlikely.

If you mean risk of being detained or harassed because an officer doesn't know the law, then welcome to the United States it happens to citizens too. Civil servants who don't know how to do their job are a threat not only to immigrants.

Nobody is saying that once you've passed that expiry date you can't adjust. It's widely known that I-94 overstays are 'excused' as the immediate relative of a USC, and I think this is only as long as it hasn't exceeded 180 days?

Wut? Where have you ever heard this?

So really the question now should be what advice is the 'best'? If seasoned posters, with intimate knowledge of the manuals, laws, case laws, process can't agree, then should good, informed advice should be this:

No. The question now should be "what is the law, and how can I make the difference between my own opinion and what the law says, as clear as possible?" You painted a very clear picture of your situation, but it is *your* situation. Everyone els's is different, which is why it's so important to start from a sound and legal baseline, and work up from there. By all means, give advice, just make sure that the recipient understands that this is your advice, your opinion, and by the way here's what the law says.

You can still technically file your AOS after your I-94 expiry date passes. Overstays up to 180 days are automatically excused once the AOS is filed. However, general consensus is that you are placing the beneficiary at risk of detention and the threat of possible deportation if they are unfortunate enough to be stopped. Therefore, allow the I-94 to expire without filing by deciding for yourselves whether the struggle/ inconvenience/ inability to file is greater than the risk of the potential consequences.

This isn't scaremongering, it's passing the emphasis of responsibility/ liability back to the poster by providing a rounded, considered response.

Except that it is scaremongering. "Heed my advice or you could find yourself spending time as Crazy Lucy's prison b1tch right before being tossed out of the country." A rounded, considered response will begin with "here's what the law says..."

[Usui Takumi 1,562]

So what is a K1 visa holder's official status, according to USCIS after 90 days?

[Usui Takumi 1,562]

BTW here is that link:

Yo Dan !

Spock this out1

arrived at san franscisco -august 1,2007

got married--- sept 8,2007

and my us visa- expired january 8, 2008

me and my husband went to mission,texas --> january 16,2009

got stopped at the boarder patrol checkpoint-->january 17,2009

while we were heading back to louisiana

willacy detention center, raymondville texas --> from january 18,2009- january27,2009

REASONS:

my visa expired and havent filed for aos yet. and according to UNDER SECTION 240 of the immigration and nationality act

1. I was admitted to the united states at san francisco, california on or about august 1, 2007 as a non-immigrant fiance (k1) with authorization to remain in the united states for a temporary period not to exceed 90days.

2.I remained in the u.s. beyond october 31, 2007 withouth authorization from the immigration and naturalization service.

this is because i didnt file for i30 and i485. even if you got married to american citizen. and your visa expired but still havent file for a.o.s. this is consider "illegal" "overstaying" "out of status"

this would be fine if you didnt get caught. but my problem is i got caught.

She now has to go back to Texas for removal hearings!!!

http://www.visajourney.com/forums/lofivers...hp/t178683.html

[bakofoil 27]

They're out of status. They are not 'illegal' though.

The real question then is, how does being 'out of status' as a K1 visa entrant, who has married within the confines of the I-94 to the US petitioner, impact on their requirement to adjust status in order to remain in the country? Is there a time limit on applying for AOS?

The answer is: There is no legal 'requirement' or time limit as long as that person does not need to work or leave the US ever. In some states it also means they will not be able to drive. The 'ban' only ever comes into effect once a person who is 'out of status' leaves the country and attempts to re-enter. You can file taxes, watch TV and walk around the streets and no one is going to blink an eye.

Believe me, no one here is saying AOS is not sensible or even that AOS is not required in a very practical sense. There are other practical considerations which makes AOS a no-brainer; the consulate medical expires at some point and if expired that person will have to spend more cash and hassle to obtain a medical approval which is current in order to file the I-485. But, seriously, unless you're thinking of leaving the country not filing is not going to accrue you a ban.

Long-term, AOS is the way to go people, unless you're rich, lazy, or a combination of the two. Some people simply cannot afford to file AOS within 90 days of arriving in the country, getting married etc. It's not a big deal, it's life and unbelievably USCIS understand that. File when you can afford to, and as soon as possible since in order to make money and make the most of your life in the US (and outside of it) you're going to have to file.

[Usui Takumi 1,562]

They're out of status. They are not 'illegal' though.

The real question then is, how does being 'out of status' as a K1 visa entrant, who has married within the confines of the I-94 to the US petitioner, impact on their requirement to adjust status in order to remain in the country? Is there a time limit on applying for AOS?

The answer is: There is no legal 'requirement' or time limit as long as that person does not need to work or leave the US ever. In some states it also means they will not be able to drive. The 'ban' only ever comes into effect once a person who is 'out of status' leaves the country and attempts to re-enter. You can file taxes, watch TV and walk around the streets and no one is going to blink an eye.

Believe me, no one here is saying AOS is not sensible or even that AOS is not required in a very practical sense. There are other practical considerations which makes AOS a no-brainer; the consulate medical expires at some point and if expired that person will have to spend more cash and hassle to obtain a medical approval which is current in order to file the I-485. But, seriously, unless you're thinking of leaving the country not filing is not going to accrue you a ban.

Long-term, AOS is the way to go people, unless you're rich, lazy, or a combination of the two. Some people simply cannot afford to file AOS within 90 days of arriving in the country, getting married etc. It's not a big deal, it's life and unbelievably USCIS understand that. File when you can afford to, and as soon as possible since in order to make money and make the most of your life in the US (and outside of it) you're going to have to file.

Then why would CBP place someone in detention? I agree that I wouldn't label them as "illegal" that's more for a person that enters without inspection.

[Usui Takumi 1,562]

I guess my answer to this thread is = if you fail to file prior to 90 days you become out of status and potentially could face removal hearings which you may or may not get out of. Therefore file prior to 90 days or be careful when leaving the house.

Edited February 24, 2010 by Sousuke

[John and Camie 39]

If you are out of status, don't leave the state and keep your nose clean until you file AOS. Simple as that. For all the months that we were unable to file, I would never have DREAMED of leaving the state. I even renewed my car tags on time so as not to risk us getting pulled over.

Some of you people and your self-righteous posts REALLY piss me off. I hope you never lose your jobs prior to having to remove conditions or undergo some other filing process to keep your spouse current. You don't give a sh*t about scaring those who are out of status, because it makes you feel good to be RIGHT. Some of us had/have to spend our money (that would've gone to AOS) on bills and food. And if you even think about giving me that "if you can't afford it, don't do it" K-1 #######, save it. A lot of us lost our jobs after the fact (NOA-2, Visa issuance, POE). People who can't help their situations and are out of status don't need any more help feeling like sh*t. I've seen some of my VJ K-1 friends file their AOS before the I-94 expiry, and they now have green cards or interviews. You have no idea how hard that is to deal with.

You can give us all the stats, links, and deportation scare scenarios you like, but when you do it, try to remember that you are still actually talking to HUMAN BEINGS here.

If you've filed AOS, are filing before the I-94 expiry, filing Naturalization or have your random status situation sorted out, then just be happy knowing that you're awesome, and cut it out with these threads. They only stir the pot and make people feel worthless.