AOS from M1 but out of status

[Nick Papa Jojo 0]

Hi,

My i94 expired 28th may 2014,I was to have departed 26th may 2014,but decided to cancel the ticket in last minute and marry my USC girlfriend , but my i94 shows as though I departed on 26 may,and subsequently we married 25th June and filed AOS on 15th august 2014 , received NOA1 with biometrics appointment for sept 15th, now my doubt is when uscis interviews me whether they will think that I exited the country and now I'm in the country illegally,

What to do now ?

[fullglass 5]

Hi,

My i94 expired 28th may 2014,I was to have departed 26th may 2014,but decided to cancel the ticket in last minute and marry my USC girlfriend , but my i94 shows as though I departed on 26 may,and subsequently we married 25th June and filed AOS on 15th august 2014 , received NOA1 with biometrics appointment for sept 15th, now my doubt is when uscis interviews me whether they will think that I exited the country and now I'm in the country illegally,

What to do now ?

Why does your I94 show as that you have already departed? I'm familiar with F1 Student Visas, but not so much M1 Student Visas. Do they pre-stamp the departure date on your I94?

Either way, if you are legally married, then you are in pending status. So for the time being, you are okay to stay. However if USCIS deems your marriage to be fraudulent and if they deny your AOS, then you would have to leave the US upon denial.

General rule of thumb: If your marriage is genuine and legit, then you have nothing to worry about.

[lesthatsri 9]

Hi tamilian,

Your I-94 was recorded with a fixed date of departure because of your type of visa. However, you were never in a plane to go back to your country, so they never scanned your passport when you "left". Making that departure date invalid. If you wanted to be double sure, I would recommend you contacting CBP at one of the deferred inspection sites closest to you ( http://www.cbp.gov/contact/deferred-inspection/overview-deferred-inspection ). They check your I-94 and can correct it if it needs to be corrected.

[Nick Papa Jojo 0]

hi

lesthatsri

well the i94 does not show the fixed departure date of 28th may 2014 but 26th may 2014 which was the day i had my return ticket and which i cancelled ,

i guess the airline has not updated thier departure manifest and hence this issue,

i did visit CBP defferred site at L.A

but they said the system error.

nothing to worry

[Hypnos 6,576]

You were illegally present in the US and accrued overstay for almost three months between the time of your I-94 expiring and the time your I-485 was accepted for processing by USCIS.

Since overstay is not a barrier for an immediate relative of a US citizen to obtain a green card when filing for adjustment of status then it should be a non-issue.

[mymarriagejourney 113]

Agree with Hypnos

[TBoneTX 45,324]

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