Jump to content
sa&ar
 Share

4 posts in this topic

Recommended Posts

sa&ar Apprentice

sa&ar   0

Posted
Filed: Lift. Cond. (apr) Country: Chile
 Timeline
Posted

So we did the k-1 visa. My now husband (he is from chile) arrived here a couple months ago and we finally got married almost 3 weeks ago. That visa would have been expired on the 10th of May if he didn't get married within 90 days, of course. We are filling out the Adjustment of Status packet as I type. Gonna send it out this coming week. But my question is, will he be here legally after that date? Because, we did get married, and we are doing all the paperwork... And will send it before the 10th. What will his "status" be after that day?

Link to comment
Share on other sites
Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

The visa expired the moment he set foot in the US. The I-94 now controls his status, whether or not he got married. Once it expires he is out of status. Once you file for AOS then he will be in a NEW period of authorized stay while the AOS is pending. Overstay is irrelevant/forgiven for spouses of USCs who adjust in country, so it is okay if there is some time between the I-94 expiry and the filing of AOS, but sooner is better. Good luck!

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites
Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

The visa expired the moment he set foot in the US. The I-94 now controls his status, whether or not he got married. Once it expires he is out of status. Once you file for AOS then he will be in a NEW period of authorized stay while the AOS is pending. Overstay is irrelevant/forgiven for spouses of USCs who adjust in country, so it is okay if there is some time between the I-94 expiry and the filing of AOS, but sooner is better. Good luck!

:thumbs:

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...