Applying for AOS with expiring I-94

[Ninel_D 0]

Hi everyone,

I have a question about applying for AOS with expiring I-94. I'm currently in the US on B2 visa and my I-94 expired on May 14. My husband and I sent all of the forms for AOS (I-485, I-130, I-864, I-765 and so on) on May 12 and as the USPS tracking said the USCIS got them on May 13. So they got all of the forms one day before my I-94 expires (my visa is still valid though). But I didn't get any response from them yet about that they got our package so I'm at the moment out of status.
Did I need to extend my stay as a tourist while waiting for USCIS response or their decision about my case? Or the fact that I sent all of the forms before my I-94 expires doesn't make my stay illegal now? I tried to find any information about that but couldn't find any clear answer, unfortunately. The fact that I didn't get any response from the immigration service before the last day of my valid I-94 concerns me now.

Was anybody in the same situation or may be is aware about this?

Any help would be appreciated.

[ehklei19 18]

In our case the date they were received (the forms) was marked on the NOA1. At that point you are covered so it does not matter if your I-94 is expired.

[Ninel_D 0]

In our case the date they were received (the forms) was marked on the NOA1. At that point you are covered so it does not matter if your I-94 is expired.

So the date when they receive the forms is what actually matters but not the date when they send a first notice on e-mail?

And do you know how long does it usually take them to answer after they get everything?

[mmsk 9]

Expired I 94 is not an issue at all don't worry. start to collect your documents for joint accounts. (bank statement, health insurance, etc) to show them in the interview.

[Ontarkie 13,904]

~~Moved to AOS From Work, Student and Tourist Visas, from AOS Family based. As the OP is not Adjusting from a K1 Visa.~~

[Starkilla09 366]

Hi everyone,

I have a question about applying for AOS with expiring I-94. I'm currently in the US on B2 visa and my I-94 expired on May 14. My husband and I sent all of the forms for AOS (I-485, I-130, I-864, I-765 and so on) on May 12 and as the USPS tracking said the USCIS got them on May 13. So they got all of the forms one day before my I-94 expires (my visa is still valid though). But I didn't get any response from them yet about that they got our package so I'm at the moment out of status.

Did I need to extend my stay as a tourist while waiting for USCIS response or their decision about my case? Or the fact that I sent all of the forms before my I-94 expires doesn't make my stay illegal now? I tried to find any information about that but couldn't find any clear answer, unfortunately. The fact that I didn't get any response from the immigration service before the last day of my valid I-94 concerns me now.

Was anybody in the same situation or may be is aware about this?

Any help would be appreciated.

You shouldn't worry about it. Spouses of U.S. citizens are forgiven for any unlawful presence and again you're in authorized stay the moment your adjustment of status application gets received by USCIS until the point where a decision is made on your application after your marriage interview even if your I-94 or visa is expired. You should get a notice of action from USCIS usually in a week or so when your application is received and checks cashed with case #'s and a biometric appointment letter shortly after that. There's no need to renew your B2 visa as it's even gonna be denied and it's a waste of money. Just don't leave the U.S. till you get your EAD/AP (Employment authorization/ Advance parole) combo card, if not your application will be considered abandoned and you'll be stuck overseas having to start from scratch with a spousal visa which will take up to 12 or 14months. Good luck and don't sweat about this.

[Ninel_D 0]

Expired I 94 is not an issue at all don't worry. start to collect your documents for joint accounts. (bank statement, health insurance, etc) to show them in the interview.

Thank you! And that's what I was going to work on soon.

[Ninel_D 0]

~~Moved to AOS From Work, Student and Tourist Visas, from AOS Family based. As the OP is not Adjusting from a K1 Visa.~~

Thank you for moving my thread to the correct spot. I didn't notice that topic before.

[Ninel_D 0]

You shouldn't worry about it. Spouses of U.S. citizens are forgiven for any unlawful presence and again you're in authorized stay the moment your adjustment of status application gets received by USCIS until the point where a decision is made on your application after your marriage interview even if your I-94 or visa is expired. You should get a notice of action from USCIS usually in a week or so when your application is received and checks cashed with case #'s and a biometric appointment letter shortly after that. There's no need to renew your B2 visa as it's even gonna be denied and it's a waste of money. Just don't leave the U.S. till you get your EAD/AP (Employment authorization/ Advance parole) combo card, if not your application will be considered abandoned and you'll be stuck overseas having to start from scratch with a spousal visa which will take up to 12 or 14months. Good luck and don't sweat about this.

Thank you! You dispelled my doubts