I-94 expired

[davisss 0]

Hello all,

My wifes I-94 has expired last week, as well as her 90 day Visa expires this week also. My question, for identification purposes how is she technically here legally? We have submitted our AOS last week, but everything else has expired

[LmmL 46]

k1 visa expired at the time she entered USA.

she's not illegal, she's out of status. The I-94 is time period given to us to get married, getting SSN.

if you have filed AOS, no need to worry.

[Pitaya 2,577]

~Moved from K-1 Process to Family-based AOS Forum~

~Inquiry about AOS process, past K-1~

(organizer hat off)

Her K-1 visa was null and void the second she went through POE processing upon her US arrival. As that her I-94 has expired, her current immigration status is a gray area, and likely "out of status." She should refrain from traveling near the US border, in other to avoid roving mobile CBP inspection stations, where she may be detained. Though the redeeming factor is that you have submitted her AOS application. Hopefully you will promptly receive the NOA1 receipt for the I-485 AOS application. She will then be an in-status alien who is adjusting status based upon marriage to a USC.

It is for this reason that the general forum recommendation is to start the AOS process as soon as possible after marriage, in order to avoid your current delicate immigration situation.

Good luck on your immigration journey.

[longtruelove 11]

follow up question to this if the k1 visa expires at poe, then on the I 485 and I 765 where it says Current UCSIS status and Current Immigration Status respectively. What do you put in the field?

[Pitaya 2,577]

follow up question to this if the k1 visa expires at poe, then on the I 485 and I 765 where it says Current UCSIS status and Current Immigration Status respectively. What do you put in the field?

Excellent question. Here is a current thread on another forum that may be of use to you:

http://www.visajourney.com/forums/topic/489476-what-is-my-status-between-entering-the-us-until-aos/

HTH

[Pitaya 2,577]

follow up question to this if the k1 visa expires at poe, then on the I 485 and I 765 where it says Current UCSIS status and Current Immigration Status respectively. What do you put in the field?

Other viable options are described in the respective VJ example forms:

http://www.visajourney.com/content/examples

(Those are the ones that we successfully used for our AOS processing).

[KayDeeCee 4,896]

follow up question to this if the k1 visa expires at poe, then on the I 485 and I 765 where it says Current UCSIS status and Current Immigration Status respectively. What do you put in the field?

As the example forms show, 'K-1 Visa Holder'. It does not matter that the K-1 visa is null and void upon entry. It is what was used to enter the US legally and when married within 90 days of entry with the K-1, makes you eligible to file for AOS. Once you file for AOS, you are in a new period of authorized stay.

http://www.visajourney.com/examples/INS-Form-I-485.pdf

Edited April 7, 2014 by Jay-Kay

[Hank_ 9,174]

follow up question to this if the k1 visa expires at poe, then on the I 485 and I 765 where it says Current UCSIS status and Current Immigration Status respectively. What do you put in the field?

Put K-1 in those fields.

[longtruelove 11]

ok thanks guys. Good to know