My I-94 is expired for 11 months. Can I still file for AOS?

[Mrs.Bale 1]

Hi all,

I entered the US with a K1 visa, got married within 90 days.

There were some issues, I could not get my papers ready for AOS until now.

My I-94 has expired for 11 months, can I still file I-485 for AOS?

Thank you in advance.

[Otto 83]

My I-94 has expired for 11 months, can I still file I-485 for AOS?

Yes - you can still file AOS (I-485, I-765/EAD) you'll very likely need to re-do the medical though (valid for 1 year). Do not (my opinion) bother filing for AP/Advance Parole though (and don't make plans to leave the country).

[Dakine 26]

My I-94 has expired for 11 months, can I still file I-485 for AOS?

Yes - you can still file AOS (I-485, I-765/EAD) you'll very likely need to re-do the medical though (valid for 1 year). Do not (my opinion) bother filing for AP/Advance Parole though (and don't make plans to leave the country).

Doesn't hurt to have AP in hand. Once you have the NOA1 for AOS you can travel if you need to.

[Mrs.Bale 1]

My I-94 has expired for 11 months, can I still file I-485 for AOS?

Yes - you can still file AOS (I-485, I-765/EAD) you'll very likely need to re-do the medical though (valid for 1 year). Do not (my opinion) bother filing for AP/Advance Parole though (and don't make plans to leave the country).

Since my "unlawful presence" is over 180 days, if I leave the US(even with AP), I'll be banned for 3 years.am i correct?

When I get my conditional green card, will my overstay be forgiven/pardoned?

one more question, is there any way to speed up the AOS process?

Thank you very much for your help.

Edited August 20, 2009 by spiritedaway

[Otto 83]

Doesn't hurt to have AP in hand. Once you have the NOA1 for AOS you can travel if you need to.

Not advisable with an 11+ month overstay on the I-94.. Could cause problems (and has for some folks)..

[Mrs.Bale 1]

My I-94 has expired for 11 months, can I still file I-485 for AOS?

Yes - you can still file AOS (I-485, I-765/EAD) you'll very likely need to re-do the medical though (valid for 1 year). Do not (my opinion) bother filing for AP/Advance Parole though (and don't make plans to leave the country).

Doesn't hurt to have AP in hand. Once you have the NOA1 for AOS you can travel if you need to.

Hi, thank you.

does anyone have done this successfully?

Because I have overstayed more than 180 days, I am afraid once I leave, I'll be banned for 3 years.

[Otto 83]

When I get my conditional green card, will my overstay be forgiven/pardoned? Yes - will be forgiven

one more question, is there any way to speed up the AOS process? No - just don't get any RFE's.

[Mrs.Bale 1]

When I get my conditional green card, will my overstay be forgiven/pardoned? Yes - will be forgiven

one more question, is there any way to speed up the AOS process? No - just don't get any RFE's.

. I will do my best to make sure they dont ask for more evidence.

Thank you very much for your help. I appreciate it.