statute of limitations

[GermanCanadian89 7]

Yeah, it expired I think last week. So, I`ll be working on forms tomorrow, and Hopefully, my money will transfer over by tuesday and get it mailed off by wednesday

I thought that was the date I have until to enter into the USA, I guess I confused myself

[GermanCanadian89 7]

I gotta fill out all of these?!?!

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

Also, am I to go by my madien name or, married?

[Kathryn41 3,205]

Yes to the first question.

Use the name you wish to be known by in the US to the second question. If you are keeping your maiden name, put down your maiden name. If you are using your married name, put down your married name. There will be a space on the forms to list other names you have used or gone by - that is where you would put your maiden name if you are using your married name.

What date did your I-94 expire? Was that last week? Or was it the date on the visa that expired last week? If it was the date on the visa and not the I-94, on what date did you officially enter the US (the date the I-94 was issued)? The date of the I-94 is the most important date once you enter the US, not the date on the visa. The 90 day time period starts when the I-94 is issued and ends when the I-94 expires. Any time after that is considered out of status.

Edited September 21, 2014 by Kathryn41

[GermanCanadian89 7]

Yeah, i'm out of status. I entered in may. I'm WAAAYYY out of status, Jezz!!! Aug 9th it expired I guess. Holy #######! I totally read everything wrong. Well, I hope I just didn't get myself in trouble, i'll get these forms done asap! And just send in a post dated cheque

[jxn 86]

Yeah, it expired I think last week. So, I`ll be working on forms tomorrow, and Hopefully, my money will transfer over by tuesday and get it mailed off by wednesday

I thought that was the date I have until to enter into the USA, I guess I confused myself

Can you clarify and say what your understandings were regarding the dates?

I've never dealt with fiancé(e)/spousal visas, but in the VJ forums I've read that K-1s are given with a six-month validity. Once you enter the U.S. within those six months, you have ninety days to marry. It doesn't matter when you file for AoS, but after ninety days, you have no legal status and things get difficult, so it's obviously in your interest to file within ninety days or as soon after as possible.

You will be fine. Just file for AoS, and if you accrue overstay, don't leave the U.S. until you have your green card. Although a CBP immigration officer may let you re-enter with an EAD/AP combo card, it's not guaranteed, and it's simply easier to reduce risk and wait until you have your two-year conditional LPR green card in hand.

Good luck!

[GermanCanadian89 7]

I thought I Had until september. The date that was on my visa. I didn't realize the august date that customs stamped on the page, I guess that's the I94.

So, i'm just going to rush these forms tomorrow, send a post dated cheque and hope that's good enough! I'm sure that, as long as i've made the effort now to make the changes, I should be fine. I can't control processing times but, i'll make sure to priority mail everything!

[Kathryn41 3,205]

You can rush, if you wish, but make sure you take enough time to fill out the forms correctly ad completely. Your official status ended in August so while you are technically out of status you are also authorized to apply to adjust status so it is unlikely, even if your situation came to the attention of an immigration official, that you would be of much 'interest'.

Once you submit your AOS paperwork and it is accepted (which is why you want to make sure it is completed correctly:-), you are again in a legal status condition, although it is basically one of 'waiting for a response'.

You do NOT have to apply for AOS prior to the expiry of your I-94. It is preferable to do so as you begin to accumulate out of status dates, and once you receive 6 months worth of out of status dates, if you did leave the US you would incur a 3 year ban on re-entry. This is just for your information as you are no where near that date and are submitting your documents soon. They don't need to go out tomorrow - they need to go out when they are complete and accurate and you feel that you have provided all of the requested information and copies. Some time this week or the next will be fine.

Write the same date on the check as the day you submit the application package. Don't date it for earlier and don't post date it because the first thing they will do when they receive your package is check it over to make sure everything that is required is included, and then they will cash the check. If the check is post dated for after the date they try to cash it, then they will return the package but it might be a few weeks before that happens and you will then have been out of status for a much longer time.

You will be fine. Take the necessary time to make sure your paperwork is accurate and complete. Once the package is accepted you will be issued an NOA 1 notice basically advising you that they have received the package. That is your proof of your authorized legal status under a 'period of stay authorized by the Attorney General" while you await a decision on your petition.

You may find it useful to read over this information before you send off the paperwork: http://www.visajourney.com/faq/k1k2visa-aos.html

Edited September 21, 2014 by Kathryn41

[GermanCanadian89 7]

Thank you! So, when it asks for my current status, am I to put, ``out of status``

[GermanCanadian89 7]

Well, I have majority of the first chunk of forms filled... Majority of which is repetition.. I will have some follow up questions regarding some of these forms. Especially that AP form, that`s super confusing since, I dont know when I plan on traveling - We were thinking about going for american thanksgiving, should I just list that. I have a few more questions but, I dont remember them right now so, I will get back and post them later on.

Thanks everyone for your help!

[kehills 217]

You don't need to fill out when you are traveling with AP; need to carefully read ALL the forms and how-to's, as what is necessary for someone adjusting is not the same as other people who need to request AP.

[NikLR 13,227]

Well, I have majority of the first chunk of forms filled... Majority of which is repetition.. I will have some follow up questions regarding some of these forms. Especially that AP form, that`s super confusing since, I dont know when I plan on traveling - We were thinking about going for american thanksgiving, should I just list that. I have a few more questions but, I dont remember them right now so, I will get back and post them later on.

Thanks everyone for your help!

That time may be possible and it may not be. Normally takes 90 days to get that paperwork, but you can put "to be determined" you don't need a set date as previously mentioned.

[GermanCanadian89 7]

Alright, I will have to go back to them tomorrow and make sure I read everything correctly and fill in the missing blanks. As for when it asks for my current status, am I to write, "out of status"?

[NikLR 13,227]

Not sure....

[GermanCanadian89 7]

For the AP application, I am reading on the instructions. It states that the visa has to be valid or not expired. So, I`ll have to make a trip to the DOS to reissue?

[Caryh 5,206]

You need to get your i-94 online. You need to send a copy of that as part of your AOS papers.

https://i94.cbp.dhs.gov/I94/request.html

What they stamped in your passport is just your entry stamp, they no longer give the I-94 form.

Your status would be Adjusting Status, you cannot nor do you need to visit the DOS to get a current visa. You visa expired the day you used it, and the I-94 is the controlling document.

Edited September 22, 2014 by Caryh