I-485 Question about Current USCIS Status

[johnandmelody 0]

Hi,

My fiancée and I were married a week ago just before her fiancée visa was to expire. Now I'm getting together the I-485 and I see a field called CURRENT USCIS STATUS and next to it is the EXPIRES ON field. Well, I have to put that her fiancée visa expired a few days ago so I'm not sure what to put in the CURRENT USCIS STATUS field. Should it be now OUT OF STATUS? We had a civil wedding so we are officially married by the State.

What should I put there?

I feel like we should have gotten married a month earlier so that she wouldn't be out of status but because I wanted her to have time to see if she really wanted to stay here (we do love each other but I have an autistic daughter and I wanted her to really experience life with her before committing to marriage). So I feel like I screwed up.

It's also affecting her getting a driver's permit or state ID card as our DMV requires her I-94 to be unexpired and now it's expired. So I'm thinking she will have to wait until the I-485 is approved now before being able to get to taking driving lessons or even just getting a state ID card.

Any thoughts, comments, suggestions? Thanks.

Edited August 7, 2016 by johnandmelody

[Adil & Jeanne 296]

K 1 visa expires after POE

that is so she can not leave and reenter on it

Now you need to do the AOS with all the documents to prove marriage and to get her green card

fee is $1070

Follow the steps listed on this site for ROC and adjustment of status

[johnandmelody 0]

K 1 visa expires after POE

that is so she can not leave and reenter on it

Now you need to do the AOS with all the documents to prove marriage and to get her green card

fee is $1070

Follow the steps listed on this site for ROC and adjustment of status

Thanks Adil & Jeanne -- yes, I am getting the AOS together to file -- we are just waiting on the certified marriage certificate which should come this coming week.

But what I need to know is what to put down for the CURRENT USCIS STATUS box as I'm not sure what to put there.

BTW, what does ROC stand for?

[Georgia16 2,858]

Thanks Adil & Jeanne -- yes, I am getting the AOS together to file -- we are just waiting on the certified marriage certificate which should come this coming week.

But what I need to know is what to put down for the CURRENT USCIS STATUS box as I'm not sure what to put there.

BTW, what does ROC stand for?

K-1

ROC= Removal of conditions (When people apply for their 10-year GC instead of the 2-year GC they have)

[Ebunoluwa 6,136]

Hi,

My fiancée and I were married a week ago just before her fiancée visa was to expire. Her visa expired the day she entered at POE. Now I'm getting together the I-485 and I see a field called CURRENT USCIS STATUS Her status is K1 visa holder and next to it is the EXPIRES ON field. Expiration date of the I-94 Well, I have to put that her fiancée visa expired a few days ago so I'm not sure what to put in the CURRENT USCIS STATUS field.K1 visa holder Should it be now OUT OF STATUS? No, K1 visa holder We had a civil wedding so we are officially married by the State.

What should I put there?

I feel like we should have gotten married a month earlier so that she wouldn't be out of status but because I wanted her to have time to see if she really wanted to stay here (we do love each other but I have an autistic daughter and I wanted her to really experience life with her before committing to marriage). So I feel like I screwed up.

It's also affecting her getting a driver's permit or state ID card as our DMV requires her I-94 to be unexpired and now it's expired. So I'm thinking she will have to wait until the I-485 is approved now before being able to get to taking driving lessons or even just getting a state ID card.Read the DMV requiremnets for a driver's permit and license on your state web page. She can when she receives the NOA1 from the pending AOS or EAD/AP combo card, depends on the state. Ditto for state ID.

Any thoughts, comments, suggestions? Thanks.

[ladylyn25 4]

Hi,

My fiancée and I were married a week ago just before her fiancée visa was to expire. Now I'm getting together the I-485 and I see a field called CURRENT USCIS STATUS and next to it is the EXPIRES ON field. Well, I have to put that her fiancée visa expired a few days ago so I'm not sure what to put in the CURRENT USCIS STATUS field. Should it be now OUT OF STATUS? We had a civil wedding so we are officially married by the State.

What should I put there?

I feel like we should have gotten married a month earlier so that she wouldn't be out of status but because I wanted her to have time to see if she really wanted to stay here (we do love each other but I have an autistic daughter and I wanted her to really experience life with her before committing to marriage). So I feel like I screwed up.

It's also affecting her getting a driver's permit or state ID card as our DMV requires her I-94 to be unexpired and now it's expired. So I'm thinking she will have to wait until the I-485 is approved now before being able to get to taking driving lessons or even just getting a state ID card.

Any thoughts, comments, suggestions? Thanks.

Hi, I filed for I-485, a month after my K1 visa expired, so, on that field 'current status, I put, Non-immigrant (K1) still.

Think it's not a problem or a big deal. I already received my NOA1, with no question about that particular field.

Hope I am able to help you at least. Thank you

[htfaust 131]

As her I-94 has expired, her "current status" is "OOS" for "Out of status", and "expires on" is "N/A" for "not applicable". It won't cause any problems since overstay is forgiven for immediate relatives of US citizens.

Fill her K visa information when asked about the last entry. (i.e. "status on last entry" should be "K1 Fiancee", entered with inspection, etc)

You can get a driver's license and everything once she has her EAD card, don't need to wait until the green card. Make sure to file the I-765 and the I-131 with her I-485!

Good luck on your journey!

Edited August 8, 2016 by htfaust

[Ebunoluwa 6,136]

As her I-94 has expired, her "current status" is "OOS" for "Out of status", and "expires on" is "N/A" for "not applicable". It won't cause any problems since overstay is forgiven for immediate relatives of US citizens.

Fill her K visa information when asked about the last entry. (i.e. "status on last entry" should be "K1 Fiancee", entered with inspection, etc)

You can get a driver's license and everything once she has her EAD card, don't need to wait until the green card. Make sure to file the I-765 and the I-131 with her I-485!

Good luck on your journey!

That is incorrect. Status is K1 visa holder and N/A is wrong as it is definitely applicable and the expiration date is on the I-94.

[htfaust 131]

That is incorrect. Status is K1 visa holder and N/A is wrong as it is definitely applicable and the expiration date is on the I-94.

No.

The K1 visa has been invalidated when she crossed the port of entry. A visa only serves for the holder to apply for admission to the US. Once admitted, the Form I-94, Arrival/Departure Record, becomes the controlling document governing the non-immigrant status. She was admitted as "Class: K1" until her "Admitted until" date, which has expired already per the OP's post, therefore she technically is out of status because she's overstaying her allowed time in the US according to her Form I-94.

Even if she writes "K1 visa holder", they'll most likely overlook it as overstays are forgiven for immediate relatives of US citizens (such as a spouse) when filing for adjustment of status. This being the case, I'm 100% sure what I posted is technically correct and I'm still standing by my opinion. Of course, OP is free to give me as much weight as he pleases.

[Ebunoluwa 6,136]

The I-94 expiration date is what is asked for and it doesn't matter if it has expired already, the expiration date is still

applicable, expired or not expired. You can not just deem it N/A. It is very much applicable.

I am fully aware that the K1 expires upon entry.

Of course the overstay will be forgiven.

[htfaust 131]

The I-94 expiration date is what is asked for and it doesn't matter if it has expired already, the expiration date is still

applicable, expired or not expired. You can not just deem it N/A. It is very much applicable.

I am fully aware that the K1 expires upon entry.

Of course the overstay will be forgiven.

It's asking for her current status and it's expiry date. She is currently out of status and asking for an expiration date for it is really not applicable. There's another section that asks for what was the original admission duration date and the original admission status, she'd fill these out as K1 Fiance and put in the date she was admitted until.

I think we're talking about two different things here.

[Ebunoluwa 6,136]

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

Example form filled out. Current status : K1 visa holder.

[htfaust 131]

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

Example form filled out. Current status : K1 visa holder.

Example applies to someone that is currently on a valid non-immigrant K1 status, not someone that's filing with an expired I-94. OP's current non-immigrant status is not the same of the common-case example as I've already explained.

She should answer "Out of status" and "N/A" to the expiration date IMHO.

Part 3 asks about what status did the applicant last enter, THEN the answer would be K1.

They won't deny or even send a RFE for such a small technicality, though.

[newbie215 3]

I was out of status for 4 years (K1),what I wrote on mine was K1 VISA HOLDER under current USCIS status and I put the expiration date of my I-94.Thank GOD just 3 months processed and I got my 10 year GC.OP fill out yours like what I did.

[johnandmelody 0]

Hello all,

Thank you all for your valued responses. I will just put down K1 - Fiancee Visa and put the expired I-94 date. I don't want to put something down that is unusual or will delay the process as they will need me to fill out and send in another I-485 form.

Yes, I'm following the checklist here on VisaJourney.com in terms of what forms to send in and in what order. I've made sure to include her EAD application and also an Advanced Parole form -- even though we don't have a plan really to return to the Philippines just yet but of course one doesn't know if there will be a family emergency requiring it.

I'll be checking with the DMV personally to see what can be done -- hopefully when the EAD arrives, that will work. I'm guessing (I'm no lawyer) but if one has a document saying it's okay to find work in the U.S. then you have proof of legal presence in the U.S. as one cannot legally find work as an illegal alien.

I'm sure I'll have other questions but I thank you all for helping and hope I can help others later on.

Live long and prosper...