When are you out of status? Traveling on AP

[Mrsjackson 300]

I have no idea where to post this- sorry. 

 

When exactly are you out of status? The day your visa expires or the day after? My k1 expiry date is sep 9th and my received date at uscis (filed 485, AP and EAD) is March 8th. That’s exactly 180 days. I know about matter of arrabelly and don’t anticipate a problem travelling on AP. I’m just curious about calculating my unlawful presence.  

[Just Paul 4,595]

3 minutes ago, Mrsjackson said:

I have no idea where to post this- sorry. 

 

When exactly are you out of status? The day your visa expires or the day after? My k1 expiry date is sep 9th and my received date at uscis (filed 485, AP and EAD) is March 8th. That’s exactly 180 days. I know about matter of arrabelly and don’t anticipate a problem travelling on AP. I’m just curious about calculating my unlawful presence.  

23:59 of the day printed on the VISA.

[Crazy Cat 41,985]

After entering via a K-1, the person is out of status on day 91 after arrival in the US....that is not expiration of the K-1 (since it is void upon entering the US).  Instead, it is based on expiration of the I-94.

Edited August 20, 2019 by missileman

[Lil bear 4,261]

4 minutes ago, Mrsjackson said:

I have no idea where to post this- sorry. 

 

When exactly are you out of status? The day your visa expires or the day after? My k1 expiry date is sep 9th and my received date at uscis (filed 485, AP and EAD) is March 8th. That’s exactly 180 days. I know about matter of arrabelly and don’t anticipate a problem travelling on AP. I’m just curious about calculating my unlawful presence.  

You are out of Status on the 91st  day after you entered the US using the K1 visa ... However , you have “authorised stay “ from the date of your NOA1 for your AOS application 

[Allaboutwaiting 2,503]

9 minutes ago, Paul & Mary said:

23:59 of the day printed on the VISA.

More accurately, 00:00 of the next day printed on the I-94.

The visa becomes invalid as soon as you enter. 

[Mrsjackson 300]

Thank you all. The I94 is what I should have referred to in my original post. Not the K1 visa. 

 

So to understand correctly, sep 10th was my first day accruing unlawful presence up until when USCIS received my case on March 8th? So I was technically at 179 days unlawful presence, not 180? 

[Allaboutwaiting 2,503]

10 minutes ago, Mrsjackson said:

Thank you all. The I94 is what I should have referred to in my original post. Not the K1 visa. 

 

So to understand correctly, sep 10th was my first day accruing unlawful presence up until when USCIS received my case on March 8th? So I was technically at 179 days unlawful presence, not 180? 

Overstay is forgiven when a USC petitions a spouse whithin the US.

Some people adjust status after overstaying tourist visas FOR YEARS! 

 

So you have nothing to worry about, you have authorized presence based on your AOS NOA1.

 

 

[Mrsjackson 300]

10 minutes ago, Allaboutwaiting said:

Overstay is forgiven when a USC petitions a spouse whithin the US.

Some people adjust status after overstaying tourist visas FOR YEARS! 

 

So you have nothing to worry about, you have authorized presence based on your AOS NOA1.

 

 

I know you’re right. 

 

There is a blurb on the approval notice about unlawful presence. It freaks me out a little although I know it shouldn’t. Over thinker. But that’s why I’m calculating my unlawful presence. If it was under 180 days I won’t think twice about it. 

[Allaboutwaiting 2,503]

Just now, Mrsjackson said:

I know you’re right. 

 

There is a blurb on the approval notice about unlawful presence. It freaks me out a little although I know it shouldn’t. Over thinker. But that’s why I’m calculating my unlawful presence. If it was under 180 days I won’t think twice about it. 

Yeah, well, this process is an extreme sport that unfortunately has no spot in the Olympics. 😂 The forum would be full of Olympians.

 

Try not overthinking, it is tiring, stressful and ages you. No one wants to look older than their age.

 

Recently there was a post from someone, concerned about traveling with AP after overstaying for 10 years.  

Entry to any country is not guaranteed unless you're a citizen, so it is more a matter of weighing what's stronger: the need to travel abroad or the fear of being denied entry.