Out of Status?

[Lizzy 0]

Hi,

We got marread well before the 90 day mark. On our K1.

Well on the 18th September its day 90!

Our lawyer is away next week and we will be out of status for about 3 weeks at most by the time the package is sent in.

Will this be ok? Im talking about AOS.

Thanks guys.

Edited September 11, 2006 by Lizzy

[Dr_LHA 3]

You're fine, the only requirement is that you get married within 90 days.

[englishamericanvisa 0]

You're fine, the only requirement is that you get married within 90 days.

NO that is wrong. You have to marry AND file for Adjustment of Status within 90 days or you're out of status.

From the Guides section of VisaJourney under Understanding Your Choices:

K-1 visa recipients are in

valid status for only 90

days and may not extend

their status. K-1 visa

holders should marry and

file adjustment of status

within 90 days after entry

into the US.

Two golden rules re. US immigration:

1) Never overstay a visa, not even for one day

and

2) Never be out of status.

When it comes to lifting conditions, looking at citizenship etc. this is the sort of thing the look for. And how can she get an AP or an EAD if she's out of status?

The OP needs to hassle her lawyers to provide cover whilst her lawyer is out of the country.

To fall out of status because your lawyer is on vacation is ridiculous - because you are the one that will suffer!

Your whole VisaJourney will be much smoother if you do everything perfectly - fill out everything perfectly and return quickly, provide ample evidence, never overstay a tourist visa and don't let yourself fall out of status!

In fact, sod the lawyer - I've just seen your 90 days is up on the 18th Sep. You need to get those AOS forms, fill them out and return them on the double.

Edited September 11, 2006 by englishamericanvisa

[Dr_LHA 3]

You're wrong is many ways "englishamericanvisa". Although one should file AOS before K-1 expires, its not critical if you don't.

However I'll leave it to someone who actually went through the K-1/AOS process to tell you why, because as I haven't I don't really have any credibility.

Edited September 11, 2006 by dr_lha

[Peter Miami 0]

You're fine, the only requirement is that you get married within 90 days.

dr_lha is correct you only need to be married before the 90 days expired. I would not recommended this but there are VJ members that have applied for AOS two years after getting to U.S. on K-1 visas and they have been approved, according to what they have stated.

Good luck,

Peter Miami

[Dr_LHA 3]

Thanks Peter.

From what I remember, its best to do it before 180 days after your K-1 runs out, to avoid getting a ban on re-entering the country.

A few weeks of overstay are not an issue and USCIS forgives any overstay if married to a USC anyway.

And how can she get an AP or an EAD if she's out of status?

Why would EAD be affected exactly do you think? AP might be if the overstay is extensive, but not EAD.

[Peter Miami 0]

What I remember is that approximately three weeks ago three VJ members wrote about getting married within the 90 days, but not filling the AOS for two years on one case and almost two years on a second case. The third member was asking if he would have a problem applying for an AOS now that two years had pasted. The two VJ members that wrote both said that they had been approved. I had never heard of this before but this is what they stated. Do a search and maybe you can find it.

Good luck,

Peter Miami

[Dr_LHA 3]

Regardless, "englishamericanvisa"'s implication that you should go so far as circumventing your lawyer in order to get your AOS in before your K-1 expires is ridiculous.

My advice to the original poster is to chill out, and get your lawyer to file AOS once he's back and you'll be fine. I'm sure if the lawyer though the OP's out of status was going to be an issue, he would have provided cover.

[ceriserose 1]

There are many people who filed for AOS after the 90 days on the I-94 was up. The length of time you're talking about (3 weeks) is, for the most part, not a critical one. Nothing in this process is 100% guaranteed as you know, but there are lots of people here who delayed filing by much longer than 3 weeks and were approved.

If you delay filing by more than 180 days you run the risk of having issues using AP (they'll let you get one and use it, but you may have significant problems at the POE trying to get back in). Of course you may not even be filing for that so it may not be an issue for you.

There should also be no real issue with your EAD as a result of delaying the AOS. You just won't have it any faster.

I'm sure if the lawyer though the OP's out of status was going to be an issue, he would have provided cover.

[ChristinaM 0]

Technically, one is out of status between the expiry of the I-94 and the filing of AOS. however, as Cerise said, it's not critical until you reach the 180 day-mark and then the biggest problem is with the AP.

The gist is, don't panic!

[Lizzy 0]

Erm im not on a tourist visa.

I spoke to Immigration in OKC, im fine if i file after 90 days.

[Kajikit 65]

Of course it will be okay. Don't fret about it - just put the paperwork in as soon as you can. (really you don't even need a lawyer for it - if I could do it myself without screwing it up, anyone can!) We didn't file my AOS for three months after my I-94 expired and it didn't even raise a blip on the radar - we were approved without even an interview!

[rebeccajo 14]

So what if the lawyer is out of town. I bet his secretary puts the packet together.

[ChristinaM 0]

Erm im not on a tourist visa.

I spoke to Immigration in OKC, im fine if i file after 90 days.

Erm I never said you were. That doesn't change the fact that you had an I-94 when you entered the country, correct? Or that the date on that I-94 happens to be 90 days from your date of entry, also correct?

Yes, you will be fine if you file after 90 days, but that doesn't change the fact that you are out of status. You have overstayed the K1, and you do not yet have "pending AOS" status because you haven't filed. QED, you are out of status. That time will be forgiven when you file, because you are married to a USC. As has been mentioned, more than 180 days out of status and you shouldn't leave the country (even with AP) until you have your green card in hand, because they won't let you back in.