A little concerned.

[PearlyLemons 13]

Hello everyone

I arrived on September 14th on a K1 visa and my husband and I got married on Oct 5th. We filed for AOS with the EAD and AP at the same time - this was logged/received by USCIS on the 20th of November. My I-94 has since expired and now we are waiting to hear if we get an interview for AOS, and to be sent my AP/EAD cards. I have had my biometrics appointment.

What concerns me is that I am now 'out of status', and correct if I am wrong, but I am technically overstaying. Because of this, will this be a cause for concern regarding travel? If I were to use my AP and CBP ask me if I ever overstayed, what am I supposed to say? Could this cause a ban?

I've read a couple of posts on here that say it could cause an issue, but some people have said this happens regularly and there is no reason to worry. Logically, from looking at other's timelines this is a common situation, I'm just a worry wort . Any advice or words of wisdom would be really appreciated!

Thank-you ,

[voltaire-er 0]

You are neither out of status nor are you overstaying. You filed for adjustment of status with the legal time frame. So you are legally present in the states and once you have your ap you can travel.

[S & P 10]

did you send your AOS petition before your I-94 expired? If so, is your NOA dated before the expiration of your I-94? if yes... then you do not accrue any overstay time, and even though you don't technically have a status right now.. or one is pending... you are not accruing any overstay time.

BUT..DO NOT leave the US until you get your AP, if you do your AOS petition will be deemed abandoned, and you will have to start all over again but this time, with a spousal visa.

Edited December 20, 2013 by S & P

[PearlyLemons 13]

S&P, yes I sent it in before the I-94 expired and my NOA is dated before . Thank-you for your reply.

Voltaire-er, thank-you for your reply.

Feeling better now!

[nobbie 105]

be handy if you updated your timeline so people can see where you are, when you entered and filed etc

[Pitaya 2,577]

be handy if you updated your timeline so people can see where you are, when you entered and filed etc

[chrisclassic 14]

I thought the only requirement was to be married within in 90 days so technically your fine it correct me if im wrong

[KayDeeCee 4,894]

There is no deadline to file for AOS. You only have to marry within the 90 days of entry to be eligible to file for AOS. You would be out of status when the I-94 expires, but filing AOS places you in a new period of authorized stay and stops the clock on any further overstay accrual.