Jump to content
Minori

Status as I-94 Expired, K1 almost expired

By Minori in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

 Share

8 posts in this topic

Recommended Posts

Minori Enthusiast

Minori   111

Posted
Timeline
Posted

Please give your knowledge and/or share experience with me. I am asking about status of a friend of mine who entered with K1. They haven't sent AoS Documents to the USCIS yet while her I-94 is already expired. 

The stamp when she entered shows August 22 or so,  her K1 visa expires end of this month, November. 

They already got married soon after she entered the US in July. 

 

She is overstaying illegally in the US, right? I know she won't get deported yet, but worried because they hasn't filed AoS yet.

 

Link to comment
Share on other sites
ashley_ann Enthusiast

ashley_ann   179

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

If she got married she's fine. The I-94 and K1 expiry date are not important as long as she got married within 90 days of entry. 

 

With that being said best to get that AOS sooner rather than later. She is technically not overstaying but without a pending AOS it could spell trouble eventually. 

I forget the max time to file (I think its 1 year but someone can correct me). However, she needs to file so she at least has her AOS pending because she technically has no status. If she has a pending AOS case that is key to having no issues in the future. I'm sure other users can add to my comment but this is what I understand to be the case at this moment. 

 

And well the wait times aren't getting any shorter....

Link to comment
Share on other sites
dwheels76 Grand Master

dwheels76   5,468

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted
20 minutes ago, Minori said:

Please give your knowledge and/or share experience with me. I am asking about status of a friend of mine who entered with K1. They haven't sent AoS Documents to the USCIS yet while her I-94 is already expired. 

The stamp when she entered shows August 22 or so,  her K1 visa expires end of this month, November. 

They already got married soon after she entered the US in July. 

 

She is overstaying illegally in the US, right? I know she won't get deported yet, but worried because they hasn't filed AoS yet.

 

K1 was voided the minute they entered the US. They married within the 90 days so their fulfilled their requirement. Now they should file for AOS.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

Link to comment
Share on other sites
SteveInBostonI130 Experienced

SteveInBostonI130   3,459

Posted
Filed: IR-1/CR-1 Visa Country: Ukraine
 Timeline
Posted
36 minutes ago, Minori said:

Please give your knowledge and/or share experience with me. I am asking about status of a friend of mine who entered with K1. They haven't sent AoS Documents to the USCIS yet while her I-94 is already expired. 

The stamp when she entered shows August 22 or so,  her K1 visa expires end of this month, November. 

They already got married soon after she entered the US in July. 

 

She is overstaying illegally in the US, right? I know she won't get deported yet, but worried because they hasn't filed AoS yet.

 

 

She can adjust status at anytime as long as they married within 90 days of entering.

 

In May there was a post from someone who got into a world of trouble because she got into a traffic accident and didn't file for AOS and was 2 weeks out of status (2 weeks beyond the 90 days):

 

 

Link to comment
Share on other sites
igoyougoduke Experienced

igoyougoduke   1,656

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
44 minutes ago, Minori said:

Please give your knowledge and/or share experience with me. I am asking about status of a friend of mine who entered with K1. They haven't sent AoS Documents to the USCIS yet while her I-94 is already expired. 

The stamp when she entered shows August 22 or so,  her K1 visa expires end of this month, November. 

They already got married soon after she entered the US in July. 

 

She is overstaying illegally in the US, right? I know she won't get deported yet, but worried because they hasn't filed AoS yet.

 

 she entered legally and got married. overstaying after marriage is not an issue in her case.  Better to file AOS as soon as possible unless the delay is financial circumstances cause she cant work until she gets EAD

duh

Link to comment
Share on other sites
HRQX Veteran

HRQX   4,145

Posted
Timeline
Posted
4 hours ago, ashley_ann said:

I forget the max time to file (I think its 1 year but someone can correct me).

There technically is no "max time to file." You may be thinking of the 1 year from the date that overseas medical was completed, but after that date it means a Form I-693 signed by a Civil Surgeon would then be required. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3

4 hours ago, Minori said:

but worried because they hasn't filed AoS yet.

They should still file ASAP.

Link to comment
Share on other sites
ashley_ann Enthusiast

ashley_ann   179

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
3 minutes ago, HRQX said:

There technically is no "max time to file." You may be thinking of the 1 year from the date that overseas medical was completed, but after that date it means a Form I-693 signed by a Civil Surgeon would then be required. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3

They should still file ASAP.

Thanks! I think that must have been what I was thinking of. Thanks for the clarification. 

Link to comment
Share on other sites
  • 1 month later...
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...