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Serendipity999

Getting Married and Filing AOS one month after expiration of 1-94

By Serendipity999 in Adjustment of Status from Work, Student, & Tourist Visas

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Serendipity999 Rookie

Serendipity999   0

Posted
Filed: Other Country: Philippines
 Timeline
Posted

I am here in the US on B1/B2. I have an on and off relationship with this guy from the army and finally he proposed to marry me. We have been in a long distance relationship for 5 years, which in fact a very unlikeable situation. My 1-94 will expire in a week from now. He doesn't want me to go home and now he wants to rush the marriage and file everything as soon as possible. However, one week is not enough for us to do that. I am still waiting for my birth certificate and other papers from home which i didn't bring with me when i enter US.

I know it is risky, but can i stay with an expired 1-94, be out of status for maybe less than a month, get married the soonest possible time and file adjustment of my status? We are not getting any younger and we found out that at this stage, living apart is really tormenting.

I would appreciate your kind input on my situation. Thank u very much.

Leatherneck Grand Master

Leatherneck   693

Posted
Filed: Country: Philippines
 Timeline
Posted (edited)

Yes you can do.

If you get married and adjust your status, your expired I-94 will not be an issue.

Edited by Leatherneck

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

Leatherneck Grand Master

Leatherneck   693

Posted
Filed: Country: Philippines
 Timeline
Posted

You bet!

**Yes you can do = Yes you can do that.

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

Harpa Timsah Grand Master

Harpa Timsah   13,258

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

You can do it, you will be deportable in the meantime. But, do you want to put this risk on yourself? You say you have an on again off again relationship. What is the guy decides off again, and you have over stayed your visa? Then you won't be coming back for a while.

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

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

namour7997 Contributor

namour7997   2

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

I was in the same boat as you are so I know the feeling. From the expiration of my I-94, I considered my status as married to a US citizen (just to reassure myself) so I only went out with my spouse and kept a copy of the marriage certificate always with me.

It took us a couple of months to file the AOS papers but now we are waiting for our interview schedule.

Just hang in there, best of luck

Port of Entry : Los Angeles
POE Date : 2013-05-23
Married: 2013-09-16

Adjustment of Status
CIS Office : Dallas TX
Date Filed : 2014-03-24
NOA Date : 2014-04-02
Bio. Appt. : 2014-04-24
Testing and Interview : 2014-05-06
Interview Appt. : 2014-11-24. APPROVED.

Removal of Conditions

CIS Office : California Service Center
Date Filed : 2016-08-29
NOA Date : 2016-09 -01
Bio. Appt. : 2016-10 -13
Testing and Interview : 2016- -
Interview Appt. : 2016- - .


ValerieA Experienced

ValerieA   350

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

Just to be clear, "married to a US citizen" is not a status with USCIS. Carrying the wedding certificate around with you would not prevent you being deported. Only having a valid status within the US prevents you from being deported - time left on your I-94 or filing the I-485. It is highly unlikely that anything will happen to you, although with your local office being Dallas I would be a little bit more careful; INS does do stop checks occasionally in Texas. I seem to recall a story about someone detained on one of them a few months back.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

namour7997 Contributor

namour7997   2

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

^ that's why I wrote "I considered my status"

Port of Entry : Los Angeles
POE Date : 2013-05-23
Married: 2013-09-16

Adjustment of Status
CIS Office : Dallas TX
Date Filed : 2014-03-24
NOA Date : 2014-04-02
Bio. Appt. : 2014-04-24
Testing and Interview : 2014-05-06
Interview Appt. : 2014-11-24. APPROVED.

Removal of Conditions

CIS Office : California Service Center
Date Filed : 2016-08-29
NOA Date : 2016-09 -01
Bio. Appt. : 2016-10 -13
Testing and Interview : 2016- -
Interview Appt. : 2016- - .


ValerieA Experienced

ValerieA   350

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

My comments are directed at the OP, I would not want them to misinterpret what you wrote and think that they were fine simply because they were married.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

HollyGolightly Enthusiast

HollyGolightly   72

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

Would recommend reading this post before deciding to overstay: http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

We all agree that an out of status person that overstays his visa can and may be subject to deportation at any time before AOS. But there is no point in putting emphasis on that for OP. That is a worst case scenario that does not yet apply here and posting it to scare is just mean.

Sein oder Nichtsein, das ist heir die Frage.

Soul Mates Contributor

Soul Mates   44

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

OP is in Texas, would be good for her to know what can happen and be careful while she is out of status. The chance is low but your location and actions can impact it. Don't be going anywhere near the borders, stay at least 100 miles away.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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