What is my current status?

[yellow67r 0]

OK,

Im a little shaky about this question. I was told one thing and now I am reading the other. My wife and I married on December 3rd and had a child on December 29th. Natash's (wife) K1 Visa has a date of January 26 07 on it. With all the business of having a child and running around we didnt file AOS in time. We were told by someone at the district office that she does not need to file AOS until she is going to need an advance parol to go home.

We plan to go in June to see grandma. I am filling out this paper work and I dont know what her status is. So I looked it up. Am I to belive she is "out of status."

Travis

[together2love 0]

Her last status here is K1 status, so that is what you would put. . . "K1 Visa holder"

[kitkat1 5]

OK,

Im a little shaky about this question. I was told one thing and now I am reading the other. My wife and I married on December 3rd and had a child on December 29th. Natash's (wife) K1 Visa has a date of January 26 07 on it. With all the business of having a child and running around we didnt file AOS in time. We were told by someone at the district office that she does not need to file AOS until she is going to need an advance parol to go home.

We plan to go in June to see grandma. I am filling out this paper work and I dont know what her status is. So I looked it up. Am I to belive she is "out of status."

Travis

Her K1 visa itself was invalid the minute she used it to enter the US. Jan 27 was the date by which she was required to use it to enter the country. Her status is K1 and she is not out of status but of course the sooner you file the better so you can get everything taken care of before you need to travel - just in case, you should file for aP.

[jula 0]

Jan 27 was the date by which she was required to use it to enter the country. Her status is K1 and she is not out of status but of course the sooner you file the better so you can get everything taken care of before you need to travel - just in case, you should file for aP.

My understanding is different.

Is that date on her K-1 visa or I-94 ? She arrived on Oct 27, so she was authorised to stay as a fiance for 90 days, get married and file for AOS. K1 status does not extend beyond 90 days...so, I would say she is "out of status".

[Dan J 277]

I don't for sure, but I believe she is out of status as soon as you were married. You can file the AoS at any time even past the 90 days, but until you do, she wont be able to travel out of the country (and return) or hold a job. If you plan to travel in june, you should file the paperwork right away. It may take a 3 or more months to process.

[John & Annie 0]

We went through this. I just checked our I-485 and we put "Fiance/Married".

We are stuck in Name Check, but have had no problems with it.

[maggieNomar 0]

Wouldn't saying they are 'out of status' indicate they should not be here? While the K1 cannot not be used to re-enter the USA , the person is here legally, prividing they legally married in the 90 days.

Is there a time frame in which one MUST start AOS, like there is a timeframe in which one must be married under a K1 visa?

[John & Annie 0]

Wouldn't saying they are 'out of status' indicate they should not be here? While the K1 cannot not be used to re-enter the USA , the person is here legally, prividing they legally married in the 90 days.

Is there a time frame in which one MUST start AOS, like there is a timeframe in which one must be married under a K1 visa?

This is an area of great debate. Customs and Border Patrol look for illegal entry and/or illegal employment.

If you arrive here legally and do not work, depending upon a whole lot of interpretation, being 'out of status' is not illegal

This is one of the areas that the ombudsman has identified as an issue.

[kitkat1 5]

Jan 27 was the date by which she was required to use it to enter the country. Her status is K1 and she is not out of status but of course the sooner you file the better so you can get everything taken care of before you need to travel - just in case, you should file for aP.

My understanding is different.

Is that date on her K-1 visa or I-94 ? She arrived on Oct 27, so she was authorised to stay as a fiance for 90 days, get married and file for AOS. K1 status does not extend beyond 90 days...so, I would say she is "out of status".

Since the K1 had an expiration date, she was required to enter before that date. Her authorized stay was not 90 days but rather she was required by the rules of the K1 visa to marry within 90 days of entry. There is no time limit to apply for AOS, but receipt of the NOA1 indicates legal, pending status. Since "out of status" implies something illegal, this is not exactly the correct term. And since people sometimes wait more than a year to file the AOS, it's some kind of limbo land, but not illegal.

[jula 0]

thinking laud: period of authorised stay is stated on I-94. When one enters on K1, what does it say on I-94?

Let's say K1 holder marries in 90 days and does not file AOS. He/she can't work, can't travel...if he/she leaves the country after 10 months, will there be a ban? Aren't those the consequences of being "out of status"?

[kitkat1 5]

thinking laud: period of authorised stay is stated on I-94. When one enters on K1, what does it say on I-94?

Let's say K1 holder marries in 90 days and does not file AOS. He/she can't work, can't travel...if he/she leaves the country after 10 months, will there be a ban? Aren't those the consequences of being "out of status"?

If he leaves the country, yes, because he has overstayed. But look at it another way - if he doesn't file AOS for a year, he has been out of status for almost 10 months but there are no consequences because he's married to a USC. It's the act of leaving that "activates" the ban. If he came on a K1 to marry and live in the US, he shouldn't be leaving (not at least without AP or a green card).

[Killer_Clown_2009 0]

I don't really think it matters if you put your last status or out of status. I have seen people put one or the other and they had no issues. On my AOS application I put Tourist/Out of Status (seeing as I didn't really get a concrete answer on what to put there) in the spot for current status and so far it has't been an issue.

[yellow67r 0]

survey says?

[together2love 0]

K1 visa holder