consequences of filing aos with expired I-94

[admortemfidelis 0]

Hi, I entered with a k1 visa on april 8, 2013. Got married the next day after. My I-94 will expire july 6, but I dont think I can file the aos before that due to financial constraints. What would be the consequences if I file aos after july 6? Im really worried. Please help.

[Scott & Annie 19]

It won't be a problem. But you need to file asap. Don't hang it out there very long.

[Hypnos 6,576]

You would be out of status and, technically, deportable at any time; once your I-94 expires then you have no legal status and are considered illegally present in the US.

You should obviously file for AoS as soon as possible, because being out of status is not fun. The good news is that you can file for AoS at any time, even with overstay, provided that you married (and are still married to) your original petitioner. A K-1 can only ever adjust status based on marriage to whoever filed the I-129F that they were the beneficiary of.

Edited June 13, 2013 by Hypnos

[admortemfidelis 0]

You would be out of status and, technically, deportable at any time; once your I-94 expires then you have no legal status and are considered illegally present in the US.

You should obviously file for AoS as soon as possible, because being out of status is not fun. The good news is that you can file for AoS at any time, even with overstay, provided that you married (and are still married to) your original petitioner. A K-1 can only ever adjust status based on marriage to whomever filed the I-129F that they were the beneficiary of.

g

Im really worried about deportation. Yes I married my original petitioner. I just dont want to get deported for filing aos a couple weeks after the I-94 expires.

[Hypnos 6,576]

The chances of you being detained by ICE in that short a timeframe are so remote as to not be worth considering.

Even if by some freak of chance you were detained, since you have immediate relief available (through AoS based on marriage to your petitioner) then your chances of deportation would be essentially zero, assuming that there are no other issues.

In short, they don't sharpen the pitchforks and ready the thumb-screws for someone filing a few weeks late.

[admortemfidelis 0]

That's a relief. Thank you very much for the info.

[gary9891 10]

The chances of you being detained by ICE in that short a timeframe are so remote as to not be worth considering.

Even if by some freak of chance you were detained, since you have immediate relief available (through AoS based on marriage to your petitioner) then your chances of deportation would be essentially zero, assuming that there are no other issues.

In short, they don't sharpen the pitchforks and ready the thumb-screws for someone filing a few weeks late.

Agreed. I you to want to feel safe, just carry your passport with I-94 inside and a copy of your marriage liscense at all times. If you are ever questioned, just show these documents and explain you are in the process of AOS.

We waited a couple of months before AOS to collect all the documents, get the stupid I-693 immunization filled out and getting the funds together. Hardest part was finding a doctor who did not want to do a new medical.

[Dave&Roza 748]

Hi, I entered with a k1 visa on april 8, 2013. Got married the next day after. My I-94 will expire july 6, but I dont think I can file the aos before that due to financial constraints. What would be the consequences if I file aos after july 6? Im really worried. Please help.

There is no time limit to file for AOS. Once the I-94 expires you are in an out of status state and are accruing over-stay days. Once you hit 180 days you will not be allowed back into the country even with AP so filing for AP is worthless at that point. Once you pass a year after your original medical you will need to pay for a new medical from a Civil Surgeon. Should you wait until 2 years after the marriage, you should file the I-130 with the I-485 as a K-1 visa holder is not allowed a 10 year GC, but being married for more than 2 years allows your to qualify for a 10 year GC. So by filing the I-130 you eliminate that catch-22, but it does cost more. Also remember that you cannot travel outside of the US and return nor can you legally work until you have your AP/EAD and/or GC. So the sooner you file for AOS the sooner those arrive.

Now what should happen if you find yourself near one of the borders--ie southern or northern--and come upon a CBP check point and have to show your LPR status. They will take you in for questioning. They may even detain you depending on your documentation and their mood. At some point you may be hauled in front of an immigration judge who will tell you to file the AOS ASAP or may even issue a court order to file by a certain time. NOW you have a time limit to file and had better do so or you WILL be deported. Not a pleasant experience I am sure. So either file your AOS ASAP or do not travel by car near either border, but especially CA, AZ, NM, and TX.

Good luck,

Dave

Edited June 13, 2013 by Dave&Roza

[Skholls 2]

g

Im really worried about deportation. Yes I married my original petitioner. I just dont want to get deported for filing aos a couple weeks after the I-94 expires.

Hi,

We got married within the 90 days January 2013 ,we filed approx 1 month later March 2013 after I-94 expired..because the cost was so high for myself plus 2 K2 children...I had no problem so far...

I am sure you will be ok...

[inlovesalem 17]

Phew, glad I came upon this thread...we are marrying on the same day my I-94 expires (but in Canada they didn't give me an actual slip with a date to return, but we knew it was 6 months, he only proposed last week, and my stay is up the 21st...lol) Of course after waiting for our marriage license and such we would only get our AOS in, around a month after my "visa" is up. I was so worried, but this was a last minute "proposal" (as I was getting some of my stuff packed to leave)...lol Guess we just couldn't live without one another. So happy