K-1 Visa Adjustment of Status i-485 Expiration

[Samuel and Marvic 4]

I just had a quick question regarding what to put into the 'Current USCIS Status' and 'Expires on' field for my wife and child who came in under K-1/K-2 visas respectively. They entered the country back in December of last year, and due to some financial restraints I was unable to file until just now. When I was first going to submit, I know that I would have put "K-1 Visa Holder" and the original expiration date of the i-94 (3/2/13 if I recall), but now I'm not sure if I need to put something like "Overstay" in the expiration field or what?

We were married on January 1st so we're within compliance of the i-94 requirements, I just wanted to make sure I'm putting the right info in before sending the paperwork off. Thanks for any help you guys can provide!

[Harpa Timsah 13,258]

You can put "overstay" or not. They will know you overstayed anyway. They can figure it out. It makes no difference for your case.

Edited August 15, 2013 by Harpa Timsah

[Henry&Rebecca 39]

I'd say don't shoot yourself in the foot unless you have to. Put down "K1 Visa Entry" and put all expiration dates as requested. They'll figure it out themselves that your wife/child were in authorized stay all along.

Even if it makes no difference in the end, when you write such an alerting word like "Overstay", you're basically telling the adjudicator "Open your eyes!!! Review every single detail in this package meticulously!!!!"

[Harpa Timsah 13,258]

I'd say don't shoot yourself in the foot unless you have to. Put down "K1 Visa Entry" and put all expiration dates as requested. They'll figure it out themselves that your wife/child were in authorized stay all along.

Even if it makes no difference in the end, when you write such an alerting word like "Overstay", you're basically telling the adjudicator "Open your eyes!!! Review every single detail in this package meticulously!!!!"

Not true. And they wife was not in authorized say the whole time.

Overstay is irrelevant/forgiven for spouses of USCS who are adjusting in-country, so it won't send any alarm bells off in anyone's head. It's perfectly fine and not a red flag.

[Samuel and Marvic 4]

Thanks, much appreciated for the feedback. I wasn't really worried too much having spend the last few years lurking the site gathering info and all, just wanted to make sure I'm using the right verbage since the guides use an example of a single couple with no kids rather than the one I'm in. Far easier dealing with the US-side of things than I did with the Philippines, I'll say that for sure!

[KayDeeCee 4,896]

I'd say don't shoot yourself in the foot unless you have to. Put down "K1 Visa Entry" and put all expiration dates as requested. They'll figure it out themselves that your wife/child were in authorized stay all along.

Even if it makes no difference in the end, when you write such an alerting word like "Overstay", you're basically telling the adjudicator "Open your eyes!!! Review every single detail in this package meticulously!!!!"

Nope. Not in a period of authorized stay until they file for AOS. The time between the I-94 expiring and filing for AOS, they were out of status.

Also, no need to put 'overstay' on the status. Just K-1 visa holder works.

Edited August 15, 2013 by Jay-Kay