Few questions about I-485

[Jenerii 1]

1. Part 1 #24

 

"What is your current immigration status (if it has changed since your arrival)?"

 

She arrived on Feburary 20 of this year. We got married in April. Her I-94/K-1 Visa expired in May. So she is overstaying right now. We have read countless posts here in VisaJourney with so many conflicting answers. 

 

Do we list her as out of status because she is overstaying right now? Or do we list her status as unchanged because we married within 90 days? 

 

We even tried checking her case status on the USCIS website, but it hasn't been updated since our I-129F got approved. 

 

2. Part 1 #25

 

It asked for my wife's name exactly as it appears on her Form I-94. That shouldn't be a problem, but her first name is misspelled with two letters missing. Do we write down the mispelled name that is listed in the I-94 form or do we write her ACTUAL name? We are probably over-thinking this, lol. 

 

3. Part 8 #17 

 

"Have you EVER violated the terms or conditions of your nonimmigrant status? Yes or No"

 

As mentioned above, my wife and I got married within 90 days. But we haven't filed our AOS yet so that means she is overstaying. We read so many conflicting answers here. Do we check YES because she is overstaying and we haven't filed the AOS? Or do we check NO because we married within 90 days? 

 

Many thanks!

[Ayrton 965]

1 minute ago, Jenerii said:

1. Part 1 #24

 

"What is your current immigration status (if it has changed since your arrival)?"

 

She arrived on Feburary 20 of this year. We got married in April. Her I-94/K-1 Visa expired in May. So she is overstaying right now. We have read countless posts here in VisaJourney with so many conflicting answers. 

 

Do we list her as out of status because she is overstaying right now? Or do we list her status as unchanged because we married within 90 days? 

 

We even tried checking her case status on the USCIS website, but it hasn't been updated since our I-129F got approved. 

 

2. Part 1 #25

 

It asked for my wife's name exactly as it appears on her Form I-94. That shouldn't be a problem, but her first name is misspelled with two letters missing. Do we write down the mispelled name that is listed in the I-94 form or do we write her ACTUAL name? We are probably over-thinking this, lol. 

 

3. Part 8 #17 

 

"Have you EVER violated the terms or conditions of your nonimmigrant status? Yes or No"

 

As mentioned above, my wife and I got married within 90 days. But we haven't filed our AOS yet so that means she is overstaying. We read so many conflicting answers here. Do we check YES because she is overstaying and we haven't filed the AOS? Or do we check NO because we married within 90 days? 

 

Many thanks!

Try not to overthink. 

 

1. Most people that apply after the 90 days still put k1 visa. I don't see a problem with that. 

 

2. My name was also misspelled and I decided to get if fixed first. I wouldn't be able to get SSN or driver's license with my I-94 spelled wrong.

 

3. Answer is NO.

[SalishSea 17,829]

37 minutes ago, Jenerii said:

We even tried checking her case status on the USCIS website, but it hasn't been updated since our I-129F got approved. 

What kind of update?  You haven't filed the I-485 yet.

[igoyougoduke 1,656]

2 hours ago, Jenerii said:
1. Part 1 #24

"What is your current immigration status (if it has changed since your arrival)?"

She arrived on Feburary 20 of this year. We got married in April. Her I-94/K-1 Visa expired in May. So she is overstaying right now. We have read countless posts here in VisaJourney with so many conflicting answers. 

Do we list her as out of status because she is overstaying right now? Or do we list her status as unchanged because we married within 90 days?  K1 (expired on xx/xx/xxxx

We even tried checking her case status on the USCIS website, but it hasn't been updated since our I-129F got approved. 

2. Part 1 #25

It asked for my wife's name exactly as it appears on her Form I-94. That shouldn't be a problem, but her first name is misspelled with two letters missing. Do we write down the mispelled name that is listed in the I-94 form or do we write her ACTUAL name? We are probably over-thinking this, lol. put what is on the I-94. if things were incorrect, you are supposed to get them correct as soon as you found out the typo..

3. Part 8 #17 

"Have you EVER violated the terms or conditions of your nonimmigrant status? Yes or No" Yes you have staying beyond the authorized stay of K1 and did not file AOS. Not a big issue as its usually waived for overstay 

As mentioned above, my wife and I got married within 90 days. But we haven't filed our AOS yet so that means she is overstaying. We read so many conflicting answers here. Do we check YES because she is overstaying and we haven't filed the AOS? Or do we check NO because we married within 90 days? 

Many thanks!

 

[Jenerii 1]

5 hours ago, Jorgedig said:

What kind of update?  You haven't filed the I-485 yet.

Ah, no wonder. Didn't know that has to happen first.  Thanks!

[Jenerii 1]

3 hours ago, James120383 said:

2 hours ago, Jenerii said:
1. Part 1 #24

"What is your current immigration status (if it has changed since your arrival)?"

She arrived on Feburary 20 of this year. We got married in April. Her I-94/K-1 Visa expired in May. So she is overstaying right now. We have read countless posts here in VisaJourney with so many conflicting answers. 

Do we list her as out of status because she is overstaying right now? Or do we list her status as unchanged because we married within 90 days?  K1 (expired on xx/xx/xxxx

We even tried checking her case status on the USCIS website, but it hasn't been updated since our I-129F got approved. 

2. Part 1 #25

It asked for my wife's name exactly as it appears on her Form I-94. That shouldn't be a problem, but her first name is misspelled with two letters missing. Do we write down the mispelled name that is listed in the I-94 form or do we write her ACTUAL name? We are probably over-thinking this, lol. put what is on the I-94. if things were incorrect, you are supposed to get them correct as soon as you found out the typo..

3. Part 8 #17 

"Have you EVER violated the terms or conditions of your nonimmigrant status? Yes or No" Yes you have staying beyond the authorized stay of K1 and did not file AOS. Not a big issue as its usually waived for overstay 

As mentioned above, my wife and I got married within 90 days. But we haven't filed our AOS yet so that means she is overstaying. We read so many conflicting answers here. Do we check YES because she is overstaying and we haven't filed the AOS? Or do we check NO because we married within 90 days? 

Many thanks!

 

 

Thanks for the reply! Regarding the misspelled name on the i-94, my wife wasn't handed the i-94 when she landed. She had to find it on the website and it had her last name misspelled along with the wrong expiration date on it (2017 - last time she visited me). It wasn't updated until after her i-94 expired in May and now her last name is correctly spelled BUT her first name is misspelled.

We will be calling them tomorrow to change the name, but my wife is afraid they will see that she overstayed and try to deport her. Will that happen?

[igoyougoduke 1,656]

11 hours ago, Jenerii said:

Thanks for the reply! Regarding the misspelled name on the i-94, my wife wasn't handed the i-94 when she landed. She had to find it on the website and it had her last name misspelled along with the wrong expiration date on it (2017 - last time she visited me). It wasn't updated until after her i-94 expired in May and now her last name is correctly spelled BUT her first name is misspelled.

We will be calling them tomorrow to change the name, but my wife is afraid they will see that she overstayed and try to deport her. Will that happen?

yes that fine but you can make an appointment at the airport CBP to get it corrected. Call them and than they will schedule it for you to correct the issue. this happens all the time 

 

you should file AOS as soon as possible

[Ayrton 965]

46 minutes ago, James120383 said:

yes that fine but you can make an appointment at the airport CBP to get it corrected. Call them and than they will schedule it for you to correct the issue. this happens all the time 

 

you should file AOS as soon as possible

No need to book an appointment at the airport. I fixed my name by just filing out the contact form they have in their website. Less than 12 hours later my name was fixed on the I-94 website.