Out-of-Status question

[Mrs. Forgetful 2]

Say you came here on a visitor visa and you get married, but your I-94 expires before you file for AOS, What is your current status? Are you still considered a visitor? Or when asked on the paperwork do you put Out-of-Status?

[Kez/JWolf 6]

If you have filed for AOS then your Status is Adjustment Pending....

Kezzie

[Mrs. Forgetful 2]

If you have filed for AOS then your Status is Adjustment Pending....

Kezzie

Say you didn't file yet, but you are about to file, what is your status?

[Kez/JWolf 6]

Until you file you would be out of Status...

Kezzie

[Peter Miami 0]

Until you file you would be out of Status...

Kezzie

Kezzie is correct!

Peter Miami

[allynella 0]

Until you file you would be out of Status...

Kezzie

[Mrs. Forgetful 2]

Until you file you would be out of Status...

Kezzie

So on the forms where it asks for your status, you would put "Out-of-Status"? That doesn't seem right.

[Dr_LHA 3]

So on the forms where it asks for your status, you would put "Out-of-Status"? That doesn't seem right.

Its the truth though, isn't it? In what way doesn't it seem right?

[Mrs. Forgetful 2]

So on the forms where it asks for your status, you would put "Out-of-Status"? That doesn't seem right.

Its the truth though, isn't it? In what way doesn't it seem right?

My husband was told to put student even though he wasn't. He was also out-of-status but his I-94 wasn't expired nor was his F-1. But he was considered out-of-status because his OPT had expired +60days, and we were still told to put student. But we were also told that he didn't have a "real status" because he was about to adjust status.

[Yodrak 7]

Mrs. Forgetful,

I would give the last status before you went out of status. Somehow I think that, although people do sometimes go out of status before acting on their situation, the thought behind the wording of the question is that a person should be applying for adjustment before they go out of status.

If you wish to address the question that is literally asked (I usually suggest that, counter to what I am suggesting in this instance) you can add that you have gone out of status, but that will already be known from the next question on the I-485, which asks when your status expires (an indication of what they might really want to know when they ask for current status).

Yodrak

Say you came here on a visitor visa and you get married, but your I-94 expires before you file for AOS, What is your current status? Are you still considered a visitor? Or when asked on the paperwork do you put Out-of-Status?

Edited September 6, 2006 by Yodrak

[Mrs. Forgetful 2]

Mrs. Forgetful,

I would give the last status before you went out of status. Somehow I think that, although people do sometimes go out of status before acting on their situation, the thought behind the wording of the question is that a person should be applying for adjustment before they go out of status.

If you wish to address the question that is literally asked (I usually suggest that, counter to what I am suggesting in this instance) you can add that you have gone out of status, but that will already be known from the next question on the I-485, which asks when your status expires (an indication of what they might really want to know when they ask for current status).

Yodrak

Say you came here on a visitor visa and you get married, but your I-94 expires before you file for AOS, What is your current status? Are you still considered a visitor? Or when asked on the paperwork do you put Out-of-Status?

Ok, but my husbands F-1 visa doesn't technically expire until 2007, but since he's finished with his school work he's out of status. We married while he was still in status, but filed after he was out of status, and put the expiration date of his F-1 visa so how could they exactly know?

[Yodrak 7]

Mrs. Forgetful,

You a lot of company in confusing a visa with allowed period of stay in the USA, but do note that the question asks when status expires not when the visa expires.

Yodrak

Mrs. Forgetful,

I would give the last status before you went out of status. Somehow I think that, although people do sometimes go out of status before acting on their situation, the thought behind the wording of the question is that a person should be applying for adjustment before they go out of status.

If you wish to address the question that is literally asked (I usually suggest that, counter to what I am suggesting in this instance) you can add that you have gone out of status, but that will already be known from the next question on the I-485, which asks when your status expires (an indication of what they might really want to know when they ask for current status).

Yodrak

Say you came here on a visitor visa and you get married, but your I-94 expires before you file for AOS, What is your current status? Are you still considered a visitor? Or when asked on the paperwork do you put Out-of-Status?

Ok, but my husbands F-1 visa doesn't technically expire until 2007, but since he's finished with his school work he's out of status. We married while he was still in status, but filed after he was out of status, and put the expiration date of his F-1 visa so how could they exactly know?

[Dr_LHA 3]

Ok, but my husbands F-1 visa doesn't technically expire until 2007

Actually, techically, his F-1 expired the moment his OPT expired and he was no longer enrolled in school

We married while he was still in status, but filed after he was out of status, and put the expiration date of his F-1 visa so how could they exactly know?

His school may well have informed USCIS that he was no longer enrolled.

[Mrs. Forgetful 2]

Mrs. Forgetful,

You a lot of company in confusing a visa with allowed period of stay in the USA, but do note that the question asks when status expires not when the visa expires.

Yodrak

Not quite sure what you mean, but I'll go look at the I-485 again.

[Kez/JWolf 6]

Now I am realy confused..... your signature shows you have already filed for AOS....

Am I missing something here???

Kezzie