I-94 expiring in 5 days

[Grace5 0]

Good day everyone! My I-94 and K-1 visa will expire in 5 days (31st May). I would like to know if I could still apply for AOS or send my form I-845 to USCIS? Since sending of documents to the USCIS would take 3-5days, and my visa is already expired the time my document arrived at USCIS, so I need to return to my home country on or before my visa expiration.

Can somebody give me any advice on this matter? Your help is greatly appreciated.

Edited May 26, 2016 by Grace5

[A'n'L 735]

Have you married your fiancé?

[LionessDeon 2,060]

As long as you married your fiance you can apply for AOS. You do not have to return to your country.

[aleful 1,905]

hi

as said, did you marry? there is no obligation to send the adjustment of status before the 90 days are up, but the sooner you send it the better

are you asking if you have to leave or do you need to leave?

because you can't leave until you get your advance parole in a few months after sending the AOS packet

[Grace5 0]

Yes, I got married to my USC fiancee last 11th May. So this mean that I could still LEGALLY stay here in the US even if I delay sending my AOS documents?

[A'n'L 735]

You will be out of status when the I-94 expires, but any overstay is automatically forgiven when you adjust status - so you should do that as soon as possible:-) Good luck :-)

[arken 4,197]

Like others have said, you can send the AOS documents whenever you like as long as you married your fiance before your I-94 expired. You don't need to leave US, in fact you shouldn't leave US before you file AOS and receive AP. However you might wanna file AOS soon.

[aleful 1,905]

hi

of course, there are people here that have filed aos after 2 years, of course the sooner the better to not be out of status

but as said overstay is forgiven, you don't need to leave

if you leave you can't come back and all the wait and effort will have been for nothing, since you would need to start all over again, filing for a CR1

[Grace5 0]

Mind enlightened!? THANK YOU ALL GUYS!?

[Dave&Roza 748]

Good day everyone! My I-94 and K-1 visa will expire in 5 days (31st May). I would like to know if I could still apply for AOS or send my form I-845 to USCIS? Since sending of documents to the USCIS would take 3-5days, and my visa is already expired the time my document arrived at USCIS, so I need to return to my home country on or before my visa expiration.

Can somebody give me any advice on this matter? Your help is greatly appreciated.

Just to expound on what the others have said. First, the K-1 visa was null and void the moment you entered the US as it is a one entry visa. Second, your lawful status is now based on the expiration date on the I-94. As long as you got married before the I-94 expired, which you did, you have completed the requirements of the K-1 visa. Your next step is to file for AOS. There is no time limit to file the AOS.

You are in a period of over stay until your AOS is received by the USCIS. Once they accept the application you are in a period of authorized stay. Once it is approved your over stay will be forgiven. A couple of notes here. First, if you wait too long you will need to complete another medical exam with a civil surgeon and incur that expense. Second, should you travel near any border within the US--especially the Southern Border--you can be detained by the CBP. They can even bring you before an IJ (Immigration Judge) to have your legal status within the US verified. The IJ can order you to file the AOS by a certain date which you must do or you will be in violation of a court order--this is an extreme case, but it can happen.

You cannot legally work in the US until you have the EAD (Employment Authorization Document) or GC (Green Card). You cannot return to the US if you leave with out the AP (Advance Parole) or GC. If you do leave the US before acquiring the proper documents, you will need to start all over with a spousal visa. Your new life in the US is on hold until the AOS is filed and approved. The clock for citizenship does not start until you become a LPR )Lawful Permanent Resident).

I would highly recommend you find a way to get the $1070 to file the I-485, 1-131, and I-765 (the I-131 and I-765 are free when filed with the I-485) and do so ASAP.

Dave

[Cathi 5,609]

Good day everyone! My I-94 and K-1 visa will expire in 5 days (31st May). I would like to know if I could still apply for AOS or send my form I-845 to USCIS? Since sending of documents to the USCIS would take 3-5days, and my visa is already expired the time my document arrived at USCIS, so I need to return to my home country on or before my visa expiration.

Can somebody give me any advice on this matter? Your help is greatly appreciated.

your k-1 expired the moment you set foot in the US

[Grace5 0]

Thanks a lot dave&roza, & mimolicious.?