Husband Leaving USA before AOS filed

[JT105 0]

Due to a series of events, my spouse who came on a K-1 visa last spring will be leaving the USA before we have filed for AOS. He does not plan on returning. My question is, will there be any difficulty at the airport when he leaves? Will there be any questions about the expired I-94?

Thank you.

[Ladylethal 12]

He should be able to leave without any problems. He'd have problems if he tried to return though.

[no name 1]

Did you get married?

You said 'spouse came in on a K-1' which makes no sense as the K1 is for fiances.

Edited October 7, 2007 by devilette

[gwenneh 7]

He should be able to leave without any problems. He'd have problems if he tried to return though.

Indeed.

The problem isn't the use of the K-1, it's the overstay accrued since the visa expired. My husband also entered on a K-1, we got married, and left before AOS - but within the 90 days alloted by the visa. We have been back to the US several times since then without a problem. Since the OP's husband entered last spring, and is only now leaving, there is an overstay - without filing AOS, the overstay will not be forgiven.

He won't have any problems getting out, though. Out's the easy way!

[Ban Hammer 13,716]

Did you get married?

You said 'spouse came in on a K-1' which makes no sense as the K1 is for fiances.

apparently so since the op talked about before the aos being filed - i can't see someone filing aos when not married