Adjusment of Status - doubt

[nixom 0]

I Arrived in the United States with K1 visa, I married in the term of 90 days that require this visa, this no expires until June 2010. What happens if it expires and still no sent the package for Adjustment of status?

español

Ya entre a los Estados Unidos y me case con visa K1 que aun esta vigente hasta el junio 2010. ¿Que pasa si expira y aun no he enviado el paquete para el AOS?

[Mike B. 231]

I Arrived in the United States with K1 visa, I married in the term of 90 days that require this visa, this no expires until June 2010. What happens if it expires and still no sent the package for Adjustment of status?

español

Ya entre a los Estados Unidos y me case con visa K1 que aun esta vigente hasta el junio 2010. ¿Que pasa si expira y aun no he enviado el paquete para el AOS?

The visa is effectively "expired" the moment you enter the United States and are given a I-94. It's a single-use visa.

There is a ton of debate about the legal ramifications of not adjusting for status before the I-94 expires, which I'm not going to get into. Basically, the prudent thing is to adjust status as soon as you can.

[nixom 0]

Thaks for Replay

My I-94 expires on March 29, 2010, but I have not completed the package for adjustment of status. I need complete some information. What possible problems could have I?

español

Mi I-94 expiro el 29 de marzo del 2010, pero aun no he completado el paquete para el ajuste de estado. Me falta completar alguna información. ¿Que posibles problemas podría tener?

Edited April 14, 2010 by nixom

[Darnell 8,478]

you have a mandate to marry within 90 days of the POE 'arrival date', the date on the I-94.

There is no mandate to file for AOS within 90 days, listed anywhere.

Most people try to file within 6 months of the marriage date, is no problems with USCIS because of the time span.

Forget about yer K-1 visa expiration date. It was invalidated the moment you made it through CBP. Was useful for the single entry, you betcha, but it's the I-94 dates that you must follow (and you did, for the marriage).

Good Luck !

[Mike B. 231]

My I-94 expires on March 29, 2010, but I have not completed the package for adjustment of status. I need complete some information. What possible problems could have I?

español

Mi I-94 expiro el 29 de marzo del 2010, pero aun no he completado el paquete para el ajuste de estado. Me falta completar alguna información. ¿Que posibles problemas podría tener?

If you apply now you'll probably be okay. However, if you want to know all of the problems you could have, there are potential issues with having an expired I-94 and NOT having a non-frivolous application to adjust status submitted. Just today Arizona made big news by approving a bill that is expected to be singed into law that would have police jail people if there was a "reasonable suspicion" that they are unlawfully present in the United States. While you are NOT unlawfully present, I'd hate to be in Arizona without any evidence at all of your status and be dependent on some hillbilly cop who doesn't know the first thing about immigration understanding your strange circumstance.

[Anh map 2,098]

The very worst thing that could happen is that you could be deported. Worst case scenario, very unlikely. Avoid the Customs and Border Patrol inland inspection areas if you are not in status or have not applied and received the acknowledgement receipt.

Without adjusting status you cannot legally work, attend most schools, get a drivers license, etc. It can be a big headache/inconvenience.

All that being said you will find many people here on VJ that have been in the US without status for years. It's your choice. My advice is to do it as soon as you can so that you can have all the rights/conveniences of being an LPR.

[nixom 0]

Thaks for replay

[nixom 0]

I personally I send the form for adjustment of status. My husband wants to do everything correctly. Only that we still have some incomplete paperwork. Now I have all required vaccines and my husband and I, review all forms correctly. Just had that doubt, for I-94 have expired.

I have the Social Security number

español

Yo personalmente tramitare el AOS. Mi esposo desea hacer todo correctamente. Solamente que aun nos falta alguna papelería sobre la evidencia. Ya tengo todas las vacunas requeridas y mi esposo ya reviso todas las formas. Simplemente tenia la duda por que ya mi I-94 ya expiro.

Ya tengo numero de seguro social

[Darnell 8,478]

do not send it, until it is COMPLETE.

[Brother Hesekiel 2,236]

The very worst thing that could happen is that you could be deported. Worst case scenario, very unlikely.

With all due respect, that's not true. The worst case scenario is that he gets shot by a trigger-happy ICE Officer. Which is about as likely as being deported, which has a chance of close to 0 percent. "Close to" zero percent only, as US drones have deported even US citizens before, documentedly so, which is as illegal as deporting a K-1 who fulfilled the requirement of his visa, namely marrying the petitioning spouse within 90 days.

So don't be scared. File for AOS as soon as you can, but even if it takes a few weeks, or even months longer, nothing bad is going to happen to you. The real offset is that you can't work (legally), and that you can't travel to Mexico and back before you get your Green Card. The worst thing that can happen to you in the real world is that you get arrested for some stupid thing, just because you happen to be in the wrong place at the wrong time, and you'll have to explain your situation to an immigration official (police has no right to ask you!). In order to avoid that, try not to get arrested, ever.

[Old Dominion 26]

Best to set a deadline for filing, and make it your top priority to get all the forms filled out completely....and then file (sometime in 2010, preferably)

[TBoneTX 45,328]

nothing bad is going to happen to you

C'mon, Bob; you say that, and then you say this:

you get arrested for some stupid thing, just because you happen to be in the wrong place at the wrong time, and you'll have to explain your situation to an immigration official.

True -- and it's also true that neither you nor I nor anyone can guarantee WHAT that immigration official's response or actions will be.

[Minya's wife 25]

I personally I send the form for adjustment of status. My husband wants to do everything correctly. Only that we still have some incomplete paperwork. Now I have all required vaccines and my husband and I, review all forms correctly. Just had that doubt, for I-94 have expired.

I have the Social Security number

español

Yo personalmente tramitare el AOS. Mi esposo desea hacer todo correctamente. Solamente que aun nos falta alguna papelería sobre la evidencia. Ya tengo todas las vacunas requeridas y mi esposo ya reviso todas las formas. Simplemente tenia la duda por que ya mi I-94 ya expiro.

Ya tengo numero de seguro social

You should try theLatin America/Mexico/Carribean regional forum, where those who speak spanish can also assist you. Your english translation of "solamente que aun nos falta alguna papeleria sobre la evidencia" is not exactly "incomplete paperwork". What you want to say is that you feel you're missing some of the evidence you want to submit with the AOS. That changes the meaning a little bit, and prompts the question, what evidence do you have and what evidence do you think you're missing? Perhaps you already have all you need...post your list and those here should be able to better advise you.

Edited April 15, 2010 by Minya's wife

[nixom 0]

With all due respect, that's not true. The worst case scenario is that he gets shot by a trigger-happy ICE Officer. Which is about as likely as being deported, which has a chance of close to 0 percent. "Close to" zero percent only, as US drones have deported even US citizens before, documentedly so, which is as illegal as deporting a K-1 who fulfilled the requirement of his visa, namely marrying the petitioning spouse within 90 days.

So don't be scared. File for AOS as soon as you can, but even if it takes a few weeks, or even months longer, nothing bad is going to happen to you. The real offset is that you can't work (legally), and that you can't travel to Mexico and back before you get your Green Card. The worst thing that can happen to you in the real world is that you get arrested for some stupid thing, just because you happen to be in the wrong place at the wrong time, and you'll have to explain your situation to an immigration official (police has no right to ask you!). In order to avoid that, try not to get arrested, ever.

Calm

I am a good person . I am awaiting to the results of bank account. As soon have. We send the request

[Deputy Purple 1,294]

Here's the question I've started asking in threads where people ask "what is the risk"...

WHY TAKE THE CHANCE?

Sure it's a slim chance that things go so wrong for you that you end up being detained by ICE and scheduled for Removal but... WHY TAKE THE CHANCE?

If it does happen then yes you'll be able to fix it but what about all of the extra headache involved? Who wants to spend even an hour in Jail? Posting Bond doesn't sound like a fond memory that we'll laugh about in 20 years and once your have a Removal Hearing don't you have to appear before the judge even if you've got it straightened out so he can quash the removal order?

Of course where you live (like within 100 miles of the border) can effect the chances of things going bad but then all it takes is for a pissy neighbor (racist, jerk or just doesn't like you) to call ICE and report an illegal alien living at your residence to cause you headaches that the little piece of plastic (and the NOA1 before that) can prevent.

I'm not trying to scare anyone, just asking a reasonable question.