what happen when k1 visa & 1-94 expires?

[YuAndDan 153]

K-1 is voided the moment it is used to enter they USA, it is no longer relevant.

What is required is to marry within 90 days of the I-94 card. And file AOS ASAP after that.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

[Harsh_77 718]

You are incorrect on many points, if they have married in the 90 days and submit their paperwork they only need a I-485. They can stay as long as they like as they have followed the terms of the visa.

What is i-485, nothing but your AOS, if she has not filed anything means I am assuming she has not filed her i-485 either.

She completed what she agreed that she will come to US on K1 and get married within 90 days - until that part she is fine and she was legal.

If she does not file her i-485 even though she is married - would make her illegal.

Then there are more questions as can deportation hearing began and would there be ban - to which answer would be NO in normal cases they do not have deportation hearing against spouse of US citizen or the illegal stay is forgiven etc etc.....

But the question is - is she illegal if she has not filed her i-485 answer is YES.

Same applies to ppl who enter on CR1 they are required to file for removal of condition 90 days before their CR1 expires, if not they become illegal.

Edited April 5, 2011 by Harsh_77

[YuAndDan 153]

Same applies to ppl who enter on CR1 they are required to file for removal of condition 90 days before their CR1 expires, if not they become illegal.

Note CR-1 is a visa type...

Later on needs to file an I-751 to remove conditions in a 2 year Conditional Green-Card.

[Harsh_77 718]

Note CR-1 is a visa type...

Later on needs to file an I-751 to remove conditions in a 2 year Conditional Green-Card.

CR1 is only until you get your GC once you have a GC you are no longer on Visa, yet you have things that you need to take care as per regulation. Even from GC you can be bumped into illegal status.

All I am saying is just just marrying within 90 days would not keep you in status, with that also other terms included like you will have to file for AOS.

So until OP files for AOS she would be in illegal status.

K-1 is voided the moment it is used to enter they USA, it is no longer relevant.

What is required is to marry within 90 days of the I-94 card. And file AOS ASAP after that.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

Agree with you K1 is only for entry and you are legal until your i-94 is valid.

So what would happen if someone enters on K1, gets married in 90 days and now i-94 expires but have not filed for AOS.

What is the status of that person?

[YuAndDan 153]

Agree with you K1 is only for entry and you are legal until your i-94 is valid.

So what would happen if someone enters on K1, gets married in 90 days and now i-94 expires but have not filed for AOS.

What is the status of that person?

They become out of status, and begin accruing overstay, if overstay exceeds 180 days, then don't bother filing I-131 for an AP doc, it would not prevent a bar on re-entry if traveling prior to getting green-card.

If for some reason there is a delay close to 2 years after marriage then it would be best to file an I-130 along with the I-485 and base Adjustment on the I-130, it will result in a 10 year un-conditional card if approved after 2 years of marriage., if based the AOS on the K-1, and it is approved after 2 years of marriage, from what I have read the resulting GC would still be a 2 year card because K-1 AOS is to a conditional status.

As for out of status, if for some reason were questioned by a boarder patrol officer they may detain and may deport, however not too likely.

[babyruthie 0]

hi everyone...

what will happen if k1 visa and i-94 expires...i have not apply for AOS yet?

am i still legal to stay in US?

thanks in advance for your replies...

God bless us all

Hi....I was in your situation before I got my gc. My I-94 expired June last year and send our petition Dec. probably almost 6 months. I got my gc last month. Though I had an interview for my gc but I was not ask about being out of status...You are fine to travel anywhere in the US only. I always carry my passport before because I never applied my gc yet and have to go to some places that need my ID. You will not be deported if you will not file your AOS sooner. I understand you...my husband has problem at work why it took as long time to send our AOS but you'll be fine. What matter most is that you're married with in the 90 days of arrival here in the US..Just send important evidence/ documents to show/prove to USCIS that you are married with your spouse... Goodluck to your journey!!!

[Harsh_77 718]

They become out of status, and begin accruing overstay, if overstay exceeds 180 days, then don't bother filing I-131 for an AP doc, it would not prevent a bar on re-entry if traveling prior to getting green-card.

If for some reason there is a delay close to 2 years after marriage then it would be best to file an I-130 along with the I-485 and base Adjustment on the I-130, it will result in a 10 year un-conditional card if approved after 2 years of marriage., if based the AOS on the K-1, and it is approved after 2 years of marriage, from what I have read the resulting GC would still be a 2 year card because K-1 AOS is to a conditional status.

As for out of status, if for some reason were questioned by a boarder patrol officer they may detain and may deport, however not too likely.

Yep that what I have been saying the person would be illegal and out of status until they file the paperwork.

[JimVaPhuong 4,863]

Jim, a lot of posters here claim that CBP might use their discretion to deny someone who has a lot of overstay, but not yet an official ban (say 5.5 months of overstay). I think for the most part it's general scare tactics and paranoia, but I too would be afraid to travel with 5.5 months of overstay, but perhaps I have succumbed to the paranoia. Do you have any insight on the "discretionary denial" claim with valid AP and no official ban?

When you enter with AP the yardstick they judge you by is completely different than the one they use for non-immigrant visas. They won't deny you for the same discretionary reasons that they can deny someone who enters with a non-immigrant visa. For example, they won't deny you for immigrant intent - you have an AOS petition pending, so your immigrant intent is well established. Usually, when they deny someone with a lot of overstay, but not enough to trigger a ban, it's because they strongly suspect immigrant intent. It's not a relevant factor for someone with advance parole.

Entry with AP is also not "admission" into the United States. It's parole to resume your AOS application.

Yes, CBP still has discretion to deny you entry, but they generally will not unless you've become inadmissible. For example, if you triggered a bar by having too much accumulated overstay.