I have one more question please... When my husband left the states, he had a valid visa and a valid I-20. Was he considered still legal, even though his I-94 had expired?
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I married my husband in the US while he was on an M-1 visa. His I-94 was valid til 3/05, we married in 9/05 (his visa was still valid until 11/06), and then we applied for his greencard, then he left the country because our attorney said it would be ok since we had applied for travel papers. Of course, everything got denied and now we are waiting for a K-3 visa. Will he be denied entry into the US (if he gets his K-3), because he overstayed his I-94?
When the visa is valid to is not important. He became illegal when the I-94 expired in 3/05. Since he did not file the Adjustment of Status papers before 9/05, he became subject to a 3 year bar when he left the country. He will not tbe getting a K-3 visa without getting approved for a waiver of the 3 year bar.
No. Visas mean nothing while you are in the States. I-20 are used to get status but do not mean you are in status unless you have a valid I94 or I-797 extension approval. He was illegal from 3/05 until you filed the papers and and when he left he became subject to the bar.