Getting married 2weeks before visa expired

[rosejosh 2]

hi guys.. It's me again. I just want to ask . My k1 visa will expire on march 1. Getting married on feb12 i just want to know if getting married 2 weeks before it expires will cause any problem in filing AOS or something that needs to be done? Thank you.

[Hypnos 6,576]

No, but you will be out of status from the time your I-94 expires until the day USCIS accept your I-485 for processing. Theoretically you could be detained by ICE during this period.

[rosejosh 2]

No, but you will be out of status from the time your I-94 expires until the day USCIS accept your I-485 for processing. Theoretically you could be detained by ICE during this period.

My bad. My k1 visa will expire on march 29. But i arrived in US on dec2 2014. So my 90 days will end on march 1. So what does ICE means?

[Hypnos 6,576]

Immigration and Customs Enforcement.

Your K-1 visa expired the moment you passed through immigration control when you most recently entered the US, as it is a single-use visa. Your legal presence is now governed by your I-94.

[baron555 934]

No, but you will be out of status from the time your I-94 expires until the day USCIS accept your I-485 for processing. Theoretically you could be detained by ICE during this period.

Why make this statement?

You probably have a better chance of being struck by a meteor than being detained by ICE. Why would they detaine anyone? They are not the Gestapo walking around looking at everyone's "papers".

Plan to file for AOS asap.

[rosejosh 2]

Immigration and Customs Enforcement.

Your K-1 visa expired the moment you passed through immigration control when you most recently entered the US, as it is a single-use visa. Your legal presence is now governed by your I-94.

So technically my visa will expire on march 1st. Will it affect that ICE?

[Hypnos 6,576]

Why make this statement?

You probably have a better chance of being struck by a meteor than being detained by ICE. Why would they detaine anyone?

Tell that to the handful of people here who've posted about being detained, including one just a few weeks ago. Here's another: http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

So technically my visa will expire on march 1st. Will it affect that ICE?

As I said, your visa has already expired. Your legal status from the moment you left the airport is governed by your I-94, not the visa. It's unlikely that you will run into any ICE agents who would seek to detain you unless you were arrested for something else, but it has happened.

You should file for adjustment of status as soon as is practicable after you get married.

Edited January 14, 2015 by Hypnos

[rosejosh 2]

Why make this statement?

You probably have a better chance of being struck by a meteor than being detained by ICE. Why would they detaine anyone? They are not the Gestapo walking around looking at everyone's "papers".

Plan to file for AOS asap.

Hmm so i need to apply as soon as possible ? Will it affect anything if i will not apply for AOS asap?

Tell that to the handful of people here who've posted about being detained, including one just a few weeks ago.

As I said, your visa has already expired. Your legal status from the moment you left the airport is governed by your I-94, not the visa. It's unlikely that you will run into any ICE agents who would seek to detain you unless you were arrested for something else, but it has happened.

You should file for adjustment of status as soon as it practicable after you get married.

Ok. Thank you..

[baron555 934]

Hmm so i need to apply as soon as possible ? Will it affect anything if i will not apply for AOS asap?

Ok. Thank you..

No many don't have the financials to file and unless they are playing around near the border, never get detained.

Once you do file, it is suggested, especially when near a border, to have a copy of the 485 filing along with their NOA2 and marriage certificate as their proofs of legal residence. During this period you are considered as No Status, not Out of Status.

Maybe there have been others that have been detained but in my 5 years on VJ, its' pretty rare.

[rosejosh 2]

No many don't have the financials to file and unless they are playing around near the border, never get detained.

Once you do file, it is suggested, especially when near a border, to have a copy of the 485 filing along with their NOA2 and marriage certificate as their proofs of legal residence. During this period you are considered as No Status, not Out of Status.

Maybe there have been others that have been detained but in my 5 years on VJ, its' pretty rare.

Ok. As ling as it will not affect my stay in US . Thank you so much.

[belinda63 3,038]

Rare, but devastating and costly to those it has happened to. Technically you have to marry within 90 days of arrival to file for AOS based on the K-1 visa. If you marry after the 90 days you have to do concurrent filing. From the time the I-94 expires until you have the NOA-1 for filing for AOS you are out of status. This means you could be detained. Chances are minimal but why take the chance.

[Girl from Celebes 588]

Ok. As ling as it will not affect my stay in US . Thank you so much.

Avoid unnecessary travel especially if you live near the border. Though it is very rare to get caught, if I were you, I would not take any chance. After you filed for I-485, always bring a copy of I-485 notification and your marriage certificate. I got married 7 days before my I-194 was expired. You should be just fine. Keep us posted.

[Hank_ 9,174]

hi guys.. It's me again. I just want to ask . My k1 visa will expire on march 1. Getting married on feb12 i just want to know if getting married 2 weeks before it expires will cause any problem in filing AOS or something that needs to be done? Thank you.

Your visa expired the moment your cleared POE. Your legal status for being in the USA is now the I-94, which is 90 days from POE.

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS process, past K1~

[fouzimedfouni 1]

you need to get married before the experation date of : I-94/K1 visa , and that will not get you in problems with USCIS, if they will ask why didn't you marry earlier tell them for financial reasons, Dot back to the line