Niblet just got hitched to his Pinay!!

[DavenRoxy 1,073]

No expiration date on my wife's K-1 I-94. If I remember right, no expiration date, good for 18 months. But since they are not being issued at the POE anymore, I don't know why we are even having this discussion.

That would be incorrect, Sir. 90 days is all they are good for. There is the date of entry, and a "Good Until" date that is 90 days later.

And they are still issued, just electronically.

And the "why" is because we are discussing the legality of staying past the I-94 expiration date. Did you read any of the previous discussion, or just jump in with a rhetorical question because you're bored?

[Niblet 22]

He probably just jumped in,,thats what I do to him all the time,,

anyways,,thanks for helping the less fortunate here see clearly the error of there ways

they dont want to listen to me since i lost my credibility when I jokingly said I had a few

pinay ex's,,,,and because I'm "borderline chubby" my appearance doesnt lend itself to one who is intelligent

at any rate,,,I still want to give you guys a big hug

Edited December 20, 2013 by Niblet

[I AM NOT THAT GUY 5,715]

That would be incorrect, Sir. 90 days is all they are good for. There is the date of entry, and a "Good Until" date that is 90 days later.

And they are still issued, just electronically.

And the "why" is because we are discussing the legality of staying past the I-94 expiration date. Did you read any of the previous discussion, or just jump in with a rhetorical question because you're bored?

Of course you would be wrong. Not all I-94's were stamped with a "Good until date", hence the default 18 months or duration of status (which oddly does not include K visas). The K-1 visa "expires" upon presentation at the POE. The terms of the visa are marry within 90 days to the person that petitioned you, or go home. One the K-1 and petitioner are married, the K-1 is permitted to stay indefinitely, presumably to file for adjustment of status to LPR.

Edited December 20, 2013 by The Patriot

[Darnell 8,478]

He probably just jumped in,,thats what I do to him all the time,,

anyways,,thanks for helping the less fortunate here see clearly the error of there ways

they dont want to listen to me since i lost my credibility when I jokingly said I had a few

pinay ex's,,,,and because I'm "borderline chubby" my appearance doesnt lend itself to one who is intelligent

at any rate,,,I still want to give you guys a big hug

aaaaaaaaaw.. Niblet, yer so sweet ! Thanks for that !!! Big Hug, back atcha !!!

Seriously, post some truck fotos.

[I AM NOT THAT GUY 5,715]

now Hank_ come on, lets not present Niblet with facts that are covered in the K-1 visa guide and the AOS Guide. Please, don't do that.

You mean the guides here on VJ? I always refer folks for the appropriate "How do I....?" guide from the USCIS, never the misguides on this site.

[DavenRoxy 1,073]

Of course you would be wrong. Not all I-94's were stamped with a "Good until date", hence the default 18 months or duration of status (which oddly does not include K visas). The K-1 visa "expires" upon presentation at the POE. The terms of the visa are marry within 90 days to the person that petitioned you, or go home. One the K-1 and petitioner are married, the K-1 is permitted to stay indefinitely, presumably to file for adjustment of status to LPR.

Well, perhaps that's the way it was back in 2007, or perhaps you are the only one I have ever heard of with an I-94 over 90 days. Good on you.

The visa type drives the I-94 duration. Under current rules, that is 90 days for a K1. Do you have an official reference for it being more than 90 days? Or 18 months?

"One the K-1 and petitioner are married, the K-1 is permitted to stay indefinitely, presumably to file for adjustment of status to LPR. "

And that is the topic at hand. That is what I am saying, others say a married K1'er is out of status and deportable until AOS is filed.

[I AM NOT THAT GUY 5,715]

Upon arriving at a port of entry, the CBP official will determine the length of your visit.

The admitted-until date or D/S notation, shown on your admission stamp or paper Form I-94 is the official record of your authorized length of stay in the U.S.

http://travel.state.gov/visa/temp/info/info_1298.html#1

That has never changed. Not all POE's, and hence not all CBP officials follow the same procedures. Some were stamping the usual 90 days, some were stamping "Valid for one year." Some were not stamping anything at all, only the entry stamp with "K-1" written inside and no expiration date. The default without a specific admitted until date, or the D/S notation is valid for 18 months. That used to be in the M-274 Handbook for Employers

[Niblet 22]

You mean the guides here on VJ? I always refer folks for the appropriate "How do I....?" guide from the USCIS, never the misguides on this site.

ewwwwww,,sorry Hank

[Niblet 22]

ewwwwww,,sorry Hank

"The K-1 visa "expires" upon presentation at the POE. The terms of the visa are marry within 90 days to the person that petitioned you, or go home. One the K-1 and petitioner are married, the K-1 is permitted to stay indefinitely, presumably to file for adjustment of status to LPR"

What I have been trying to say all along,,hence my wife is still "legal"

besides who would clip my toenails if they deported her?

they were turning into claws when she got here,,now she keeps them trim,,cuz I cant see them

Edited December 20, 2013 by Niblet

[DavenRoxy 1,073]

You mean the guides here on VJ? I always refer folks for the appropriate "How do I....?" guide from the USCIS, never the misguides on this site.

That's awesome that you think so highly of the USCIS guide. Too bad said guides don't cover the discussion on this thread. It's almost like the USCIS isn't much help in the whole VJ process....

[Niblet 22]

That's awesome that you think so highly of the USCIS guide. Too bad said guides don't cover the discussion on this thread. It's almost like the USCIS isn't much help in the whole VJ process....

Whaaaa? a gov't run program that doesnt help you?? or make it easy for YOU the customer??

c'mon,,say it isnt so,,,,

[DavenRoxy 1,073]

Whaaaa? a gov't run program that doesnt help you?? or make it easy for YOU the customer??

c'mon,,say it isnt so,,,,

I pay my taxes, and yet, they don't offer to help me out. It's near criminal!

[Niblet 22]

yeah!! the nerve,,and your an employee!!

[Caryh 5,206]

I'll get back to you on the K1 out of status thing. I can see your point, and you may be more correct than I am. Deportable? Maybe so. Likely? I think we both agree prolly not. I have read of a couple of cases I found online where a couple was told to hurry up and file AOS after the 2-year point... but they were not deported as far as I can tell. All I am trying to do is rid us of "tribal knowledge", which serves no good usually. So until/if I can confirm my beliefs via USCIS or the immigration laws, I'll grant you that what you say makes sense.

You're still wrong about the EAD thing you said... that one has to have EAD/GC in order to file ROM. Untrue. And that folks can't drive or get an ID without AOS... only in certain situations (i.e. after I-94 expires) is this true. In AZ, the DL is only good for as long as the I-94 or GC, according to Hank. In AK, one can get an ID or DL prior to I-94 expiration, and it's good for 4 years. Each state can be vastly different. Feel free to chime in with MN requirements. Heck, if enough people chime in, we might be able to create a VJ database of info that is actually useful.

More to follow as facts are unveiled...

I've always said technically deportable, but if it should come up, you'd get the chance to adjust status first, as ordered by a judge. Deportation would only come about if you ignored that order.

I may be confusing the report of marriage with the passport name change. Both happened to long ago that the details get mixed up in my head. And thinking about it, it wouldn't make sense to ask it for the report of marriage, what if you were just visiting and returning home? So I'm pretty certain you're right on that score.

MN requires an unexpired I-94, an unexpired EAD, or an unexpired Green Card to get a drivers license or state ID. Both the I-94 and the EAD will get an immigration check date put on a drivers license or state ID. It is no longer valid after that immigration check date, although the expiration date is 4 years from issue on your birthday. The immigration check dates means you must return by that date and prove your status again, or the license is invalid. You get a new card every time you get checked, with a new date and its free. This immigration check date comes off when you get the green card, even if its the two year conditional green card. You can only get the driver's license on the I-94 if you come from certain countries and have a valid drivers license from that country. The Philippines is not one of them. This is because you're required to have your permit for 90 days if you're not from one of the approved countries, even if you had a license there. So your i-94 will expire before you can get the actual license.

We got my wife the state ID while her I-94 was current. We got her permit and then license when she had the EAD. Then returned to remove the immigration check date after the green card arrived. Had we not removed conditions, she never would have been able to get the license. From following the "Your new life in America" topic area, I've seen almost every state now requires an EAD or a Green card to get a license or state ID. Minnesota is one of the easier ones, allowing the I-94, with I think Washington state being the only one I'm aware of now that doesn't require some proof of legal immigration status.

[Caryh 5,206]

"The K-1 visa "expires" upon presentation at the POE. The terms of the visa are marry within 90 days to the person that petitioned you, or go home. One the K-1 and petitioner are married, the K-1 is permitted to stay indefinitely, presumably to file for adjustment of status to LPR"

What I have been trying to say all along,,hence my wife is still "legal"

besides who would clip my toenails if they deported her?

they were turning into claws when she got here,,now she keeps them trim,,cuz I cant see them

There's a big difference between technically deportable and being deported. No one is going to come knocking on your door to take your little nail clipper away. But just because they don't, doesn't mean she has legal status in the country. As Hank mentioned, and he was going through check points looking for illegals, they asked her once and she didn't have it, they told her she should carry it and then never asked her again. You'd need to come across some CBD officer having a hard day and decide to be a stickler for the law. Technically he could take your little nail clipper in, until someone came with proof she's here legally. Since you'd have no such proof, K-1 used up on entry, and I-94 past 90 days, unless someone screwed up, she'd go before a judge who would tell you to file to adjust within so many days. Ignore that, now you've got a problem. Until then, no problems, except getting an ID and/or drivers license, depending on the rules in your state.