Jump to content
Ninel_D

Applying for AOS with expiring I-94

9 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

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.


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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 ;)

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×