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I94 about to expire, my fiance is waiting on oath ceremony, What should I do?

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I have been travelling back and forth to US for years. I came to the US with my 1 year old child in November 2014 to spend Thanksgiving with my fiance. My fiance applied for his citizenship in July 2014 and while visiting for Thanksgiving we decided that we would just wait on his citizenship, get married and do an adjustment of status to become permanent residents for both me and my child. However, the citizenship application is taking a little longer than expected, my fiance has just been placed in line for oath ceremony and my I94 expres in 2 weeks. My question is what are my options at this point if the oath ceremony is scheduled after my i94 expires?

Any help will be greatly appreciated.

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I am fascinated to see how this will be Modded, after all suggesting that someone stay here illegally is clearly a no no.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I have been travelling back and forth to US for years. I came to the US with my 1 year old child in November 2014 to spend Thanksgiving with my fiance. My fiance applied for his citizenship in July 2014 and while visiting for Thanksgiving we decided that we would just wait on his citizenship, get married and do an adjustment of status to become permanent residents for both me and my child. However, the citizenship application is taking a little longer than expected, my fiance has just been placed in line for oath ceremony and my I94 expres in 2 weeks. My question is what are my options at this point if the oath ceremony is scheduled after my i94 expires?

Any help will be greatly appreciated.

I make the following presumptions:

  1. You are currently located within the US.
  2. You arrived in the US legally and went though a regular border-crossing inspection.
  3. When you entered the US, you intended just to visit for Thanksgiving, but you ended up staying and deciding to marry whilst you were already here.
  4. Your fiancé is about to become a USC.

If I am correct, then you may indeed marry and remain in the US and have an overstay forgiven. That said, from the day that you first overstay, you may be eligible for deportation. I don't know the likelihood of your being tracked down. If something goes wrong and you don't marry, then you may have the issue of having overstayed in the US and not having it forgiven, which would impede future visits.


2015-01-09 mailed AoS package

2015-01-15 e-notification received

2015-01-16 NOA Date

2015-02-04 biometric appointment

2015-03-04 EAD/AP approval email

2015-03-11 EAD mailed

2015-03-16 EAD/AP combo card received


2015-03-26 Interview scheduled online

2015-04-28 Approved for GC at AOS interview

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I am fascinated to see how this will be Modded, after all suggesting that someone stay here illegally is clearly a no no.

But Boiler, someone repeatedly said before that if the OP got passed the POE, then the intention to AOS inside is not a issue anymore.

Plus the OP did not intentionally to AOS in the first place. They had a change of mind once inside US.


Done with K1, AOS and ROC

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Nothing has been filed, not sure they have even married.

The question is about overstaying, not about adjusting.

Replies above saying it is basically ok seemingly.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I missed the original post, OP probably not married yet.

So the politically correct answer should be:

1) Get Marry then set up bonafides of marriage documents
Leave the USA, before her I-94 expiration date.

After the Fiance gets his citizenship, file the I-130

2) Leave the USA before I-94 expiration date

After the Fiance gets his citizenship, file the I-129F


Done with K1, AOS and ROC

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