K1 out of status?

[Cupcake _boo 0]

Hi everyone, I have a question...

Well me and my boo get married:) and now is like the end of the second mouth I'm in the US.

We can start processing the documents 4 my green card probably after a mount but than my K1 will b expired...When i called 2 the Immigration ppl they told me that I'll be 'out of status'...Can anyone explain me what it this...And how i can travel home do i have to wait till my green card is ready and normally how long it takes? Thank u!

[Kathryn41 3,205]

Hi everyone, I have a question...

Well me and my boo get married:) and now is like the end of the second mouth I'm in the US.

We can start processing the documents 4 my green card probably after a mount but than my K1 will b expired...When i called 2 the Immigration ppl they told me that I'll be 'out of status'...Can anyone explain me what it this...And how i can travel home do i have to wait till my green card is ready and normally how long it takes? Thank u!

Hi. Your K-1 actually expired when you crossed the border - it is a visa for entering the US one time only for the purpose of getting married within 90 days. At the border you received a card called an I-94 entry/exit visa that was stapled into your passport. It has a date 90 days later from the date you entered the US. This I-94 card is your proof of legal status in the US. When you pass the date on the I-94 you are out of status unless you have filed for the AOS (green card). Being without status in the US means that you have no legal paperwork allowing you to live here and no protection from immigration enforcement rules, so that is why it is important to file for your green card as soon as possible. Once you file for the green card you are again in legal status in the US as "AOS applicant" and protected.

You cannot leave the US safely until you receive either your green card or a document that you apply for at the same time called an Advance Parole Travel document (I-131). The I-131 usually takes about 90 days after you file the AOS application and the I-131 application form. It gives you permission to travel and return to the US while you continue to wait for your green card. You cannot leave the US until you actually have received the AP document, though - just filing for it isn't good enough.

If you leave the US without either the green card or the AP you will not be allowed back in the US, and you will give up the AOS that you filed. Your husband would then have to start the whole immigration process all over again from the beginning, filing this time for a CR-1 visa - so don't leave the US .

While you should try to file for the green card before the date on the I-94 so you don't have any out of status dates, you probably won't have too many problems if you file afterwards. If you wait a long time and have more than 180 out of status days (about half a year) then you can no longer use the AP to travel and cannot leave the US, because if you do you will receive an automatic 3 year ban on returning to the US. If you have a year of out of status days and left the US you would receive an automatic 10 year ban on returning to the US. Once your green card is approved, however, any out of status days you have are forgiven and you can work and travel freely.

Hope this helps.

Edited February 4, 2010 by Kathryn41

[raymaga 25]

With a K-1 Visa, after you get married the K-1 Visa is void because you are no longer a fiance. You are then required to apply for Adjustment of Status as soon as you possibly can.

If you want to leave the U.S. and re-enter, you will need either AP (Advance Parole, I-131) or the Green Card. You can apply for AOS, EAD (Employment Authorization) and AP together at the same time for one price.

Good luck.

[Cupcake _boo 0]

Thanks, everyone...Well we marry today so d judge said that we will receive the marriage certificate from 4 to 6 weeks and that means that my visa will b already 'out of duty'... So i gatta b 'out of status' and apply for the Green card...That sounds kinda creepy

[JimVaPhuong 4,863]

With a K-1 Visa, after you get married the K-1 Visa is void because you are no longer a fiance. You are then required to apply for Adjustment of Status as soon as you possibly can.

This is misleading. The K1 does not become "void" when you marry, unless you marry before you enter the US.

The K1 visa is void as soon as you enter the US with it. It's a single entry visa. However, you receive an I-94 at the port of entry with a validity of 90 days. The I-94 does not expire when you get married. It remains valid for the full 90 days, whether you marry or not. In order to stay legally beyond the 90 days you have to apply for AOS. If you entered with a K1 visa, then you can only apply for AOS if you married the petitioner within 90 days after entering.

Again, for emphasis: The K1 is not voided by marriage - it is voided by entry into the US. The I-94 is not voided by marriage - it is voided when it's time expires. Getting married has no effect on the 90 day window provided by the I-94, however, getting married within the 90 days is required to successfully adjust status.

[Darnell 8,478]

Thanks, everyone...Well we marry today so d judge said that we will receive the marriage certificate from 4 to 6 weeks and that means that my visa will b already 'out of duty'... So i gatta b 'out of status' and apply for the Green card...That sounds kinda creepy

Suggest you contact the judge's office, ask if possible to 'pay' extra for expedite.

Also - did you get yer SSN yet? Go to SSA office immediately, if not.

The 'rule' is to get married within 90 days - but there is no 'rule' on when to file for adjustment of status.

USUALLY there is no problem for up to 6 months after that 90 day window - but try to get it done asap, ya?

Edited February 4, 2010 by Darnell

[Cupcake _boo 0]

Thank u gys! I'll try 2 do my best...I really don't wanna b 'out of status' lol. But we really didn't kno that the marriage certificate will take so long:( How long i gatta wait for the SSN?

[Gary and Alla 3,694]

Hi everyone, I have a question...

Well me and my boo get married:) and now is like the end of the second mouth I'm in the US.

We can start processing the documents 4 my green card probably after a mount but than my K1 will b expired...When i called 2 the Immigration ppl they told me that I'll be 'out of status'...Can anyone explain me what it this...And how i can travel home do i have to wait till my green card is ready and normally how long it takes? Thank u!

K-1s, except for purposes of entering the US, DO NOT expire. They are cancelled when you enter the US. They are repalced by the I-94 which allows you 90 days to get married. get married BEFORE the expiration date on the I-94.

Nothing happens regarding your status, you will be "out of status" but can still file for the AOS. File for the AOS as soon as possible after marriage.

[Cupcake _boo 0]

Well we are married but we wait on the documents from the marriage clerk they said that the marriage certificate will be mailed within 6 weeks. My I-94 expires after 4 weeks... so to file for AOS i gatta wait on the marriage papers i guess... so that means that by the time i apply 4 permanent residence I'll be out of status. Can they refuse to issue me a green card in that conditions? Plus I still don't have SSN do i need to wait on my marriage papers for this cuz of this 'name change'?

[Darnell 8,478]

PLEASE GO TO SSA OFFICE TODAY, apply for SSN (in your passport NAME ) - bring passport, I-94.

GO GO GO - do it today.

Edited February 4, 2010 by Darnell

[Cupcake _boo 0]

I'll go 2 day or tomorrow I need to wait for my hubby 2 come back from work and we will see if its not too late today:( do i need to tell them that we are married or just to apply now and when we receive the hole documentation to go and just change it ? ohh Idk I'm kinda scared about all this stuff i thought that when i apply 4 d green card all receive all this ss stuff

[john_and_marlene 162]

K-1s, except for purposes of entering the US, DO NOT expire.

Yes, they do expire after 6 months if you don't use it.

[Darnell 8,478]

The 'normal' K-1 folk never 'receive' a SSN card unless they APPLY for it. Nothing is SENT to you. Ever. You have to apply. In Person.

You are still a 'normal' K-1 person (I-94 not expire yet) and guess what?

When you are within 14 days of I-94 expiration date - YOU CANNOT APPLY. You have to WAIT for EAD or GreenCard, before you can apply for SSN again.

I strongly suggest you find out where the offices are, around you, TODAY, and work up maps from your home . go to http://maps.google.com after you find the SSA offices in your area, print out the map thingies, you and your husband figure out which one to go to, for today.

I am suggesting you apply with your PASSPORT NAME - because YOUR PASSPORT name will be FOUND in the SAVE database (which is what the SSA uses to verify that you are you, also verify your K-1 status ) .

re: applying for AOS - I'll repeat myself - USUALLY, if you file within 6 months after yer I-94 expires, YOU WILL BE OK.

Did you contact the clerk of the court, via telephone, yet, inquire about expediting the marriage certificate? If not, please do so, today.

Edited February 4, 2010 by Darnell

[Cupcake _boo 0]

Do u think that if i apply 4 the social security now it can mess something with the marriage certificate ? Like something with the data information that the can complete to register the marriage ?

[pushbrk 12,883]

Yes, they do expire after 6 months if you don't use it.

Yes, Gary used an interesting choice of words. Whatever the visa, it's expiration date is the date after which it may not be used to enter the USA. That's all visas are good for, entering countries. Allowed stays also expire.

The K1 "dies" once it's used to enter the USA one time because it is a single entry visa. Once used, its expiration date is of no meaning.