I-94 expiration

[LaL 418]

There is much mis-information in this thread. Kezzie is 100% correct in her suggestion.

• You do NOT have to leave the US simply because you did not marry within the 90 days.
  
• Questions WHY they did not marry within the 90 days allotted is irrelvant to the immigration questions asked
  

[featherB 1]

Wow, some bad, bad advice in this thread. Just to reiterate... do what Kezzie/William/Lal_Brandow say... you do NOT have to leave the US or start all over again. In fact, definitely DON'T leave the US!

Good luck.

[TracyTN 237]

Please don't answer the OPs question if all you're going to do is 'guess' at the answer.

[payxibka 10,047]

Please don't answer the OPs question if all you're going to do is 'guess' at the answer.

I agree that some of the information given here in this thread is VERY BAD ADVICE.... I am not sure any answer was technically incorrect..... subtle difference....

[TracyTN 237]

It was the 'very bad advice' that I was referring to.

[LaL 418]

I agree that some of the information given here in this thread is VERY BAD ADVICE.... I am not sure any answer was technically incorrect..... subtle difference....

Fwayguy - the following is "technically" incorrect. bolded for erroneous parts.

If not yet. I think you have to go back to your country and start new process again...

she CAN - but does not HAVE to.

If not married in the 90 days she is required to leave the US. If she doesn't leave she will be subject to deportation and possible fines plus possible bans on returning.

once again - she is not REQUIRED to leave the USA in order to Adjust. Important to note IF she leaves and has accrued enough overstay only then - will she be subject to a ban. Not because she failed to leave.

Edited June 21, 2007 by lal_brandow

[John & Annie 0]

Now you are getting good advice.

The best thing you can do is see a good immigration attorney.

It breaks down kinda like this:

The K1 visa is good for 90 days, period. If you do not get married within the 90 days, technically you should go back to your home country.

Because you entered the country legally (under the K1) you can get married and file the forms Kez brought up (i think). Immigration intent is not hard to prove in your case because of the visa you originally entered on.

Over stays are forgiven wen you are married to a Lawful Permanent Resident (LPR) or US Citizen. You may have explain why you did not get married in the first 90.

Relax, go see an attorney. Get married and file the forms.

[eau_xplain 2]

Over stays are forgiven wen you are married to a Lawful Permanent Resident (LPR) or US Citizen. You may have explain why you did not get married in the first 90.

Nothing really to add for the OP as the last few posts have given good advice. Just a small correction on the above quote. Overstays are only forgiven for spouses of USCs not for spouses of LPRs.

[Dr_LHA 3]

Over stays are forgiven wen you are married to a Lawful Permanent Resident (LPR) or US Citizen. You may have explain why you did not get married in the first 90.

Just a small correction on the above quote. Overstays are only forgiven for spouses of USCs not for spouses of LPRs.

Correct, I was just about to say that.

[athena_ny 1]

Ignore most of what was said on the first page (except for Kez, she's right), and pay attention to the 2nd page.

There is no qualifier on overstay forgiven through marriage to a USC saying "as long as you didn't enter on a K1". You should always consult with an immigration attorney, but you just need to file the I-130 along with the AOS paperwork after you get married.

Other than that, I wouldn't foresee any major issues with the AOS.

[John & Annie 0]

Over stays are forgiven wen you are married to a Lawful Permanent Resident (LPR) or US Citizen. You may have explain why you did not get married in the first 90.

Just a small correction on the above quote. Overstays are only forgiven for spouses of USCs not for spouses of LPRs.

Correct, I was just about to say that.

Thank you, to both of you.

[cellarlily 0]

Listen to what they say, but pay attention from now on. The entire purpose of the K1 visa was to get married within 90 days.

Make sure you're better informed from now on so you don't mess up your situation even further.

[payxibka 10,047]

I agree that some of the information given here in this thread is VERY BAD ADVICE.... I am not sure any answer was technically incorrect..... subtle difference....

Fwayguy - the following is "technically" incorrect. bolded for erroneous parts.

If not yet. I think you have to go back to your country and start new process again...

she CAN - but does not HAVE to.

If not married in the 90 days she is required to leave the US. If she doesn't leave she will be subject to deportation and possible fines plus possible bans on returning.

once again - she is not REQUIRED to leave the USA in order to Adjust. Important to note IF she leaves and has accrued enough overstay only then - will she be subject to a ban. Not because she failed to leave.

You have the literal or technical answer and then you have the more practical answer. If you look at the situation as an independant situation then it is not technically eroneous, however, using advice that thinks outside the box (looking at the forest from the trees) and applying the more practical path, then answer is quite different.

[sj5 4]

Hi this anne, i got here in hawaii feb. 15,2007 and my I-94 has already expired last May 16, 2007, but were not able to get marry yet.

We are now planning about the wedding next month (July). Im worried that our application for the license to get married would be deny because my I-94 has already expired. Please i need your advice. Are there anything that i have to worry about?

Consult with immigration lawyer..

[Dr_LHA 3]

Hi this anne, i got here in hawaii feb. 15,2007 and my I-94 has already expired last May 16, 2007, but were not able to get marry yet.

We are now planning about the wedding next month (July). Im worried that our application for the license to get married would be deny because my I-94 has already expired. Please i need your advice. Are there anything that i have to worry about?

Consult with immigration lawyer..

Although this is always good advice, the situation isn't that bad, and could be resolved without a lawyer no problem. You'll just need to file an extra form (I-130) with your AOS because you missed the 90 day deadline.