Applying for AOS after i-94 expires?

[nurminen 0]

Hey guys,

I got married earlier this month, but I haven't sent my AOS application yet and my I-94 expires on Monday, Nov. 2. All I need is my joint sponsor's forms, which he can send tomorrow. Should I do everything possible (eg. overnight his forms to me) so I can send everything by Monday? Should I send my application and have him send his documents separately? Or should I not worry about the I-94 expiration date, have him send the package through regular mail and submit the entire application sometime next week?

Thanks for your help!

[TracyTN 237]

It is better to apply before your I 94 expires, as that is what your status is currently derived from. Once you file,, your status is a period of authorized stay while you await the AOS process. If your I 94 expires and you've not yet filed for AOS, you're technically deportable (though I don't see ICE showing up on your doorstep anytime soon...!).

[Dakine 26]

LOTS of people are late filing for AOS. As long as you stay away from border towns the chances of being busted are small. It's happened tho.

[nurminen 0]

thanks guys

[Djohn 0]

You won't be deported after your I-94 expires. As long as you take care of your AOS asap then you'll be okay. Don't worry about the immigration officer showing up at your doorstep. File your AOS now.

[NCWife 0]

It's fine to send in your AOS slightly later after your I-94 expires but whatever you do, never send in your forms separately. You gotta have them all in one envelope. Sending forms separately will probably result in getting a RFE since the USCIS are pretty good at losing your stuff...

All the best!

Cheers.