I-94 expires while waiting?

[julesrose 0]

So, my husband (USC) and I have been wondering what happens when my I-94 expires.....we've applied for AOS and my EAD.....currently none have been approved. I know we've just started our AOS process but I've been wondering since my I-94 has expired and my visa is good till December 2010...

do I need to leave the US till my AOS is approved? :S

[Nik+Heather 121]

No, in fact leaving the US is the absolute opposite of what you should do.

As an adjustment applicant, your legal stay is extended until the USCIS makes a decision about your case. They most likely won't, but if they were to deny your adjustment application, they would give you some time (I think 30 days?) to leave the country.

You are expected to stay in the US, and the receipt notice is proof of your pending status, and can be shown to prove your legal presence in the US. Although your "authorized stay" is expired, with the NOA1, you are under the color of the law, until USCIS is done processing your case.

The expiration date on the visa is meaningless. You've already used it, and the I-94 governs. However, if you are speaking with someone ignorant/stubborn/clueless, this may be a useful thing to point out to people...at least until Dec.

[nickbits 43]

According to the VJ FAQs:

6.11.7)..OK, so my K-1 wife will file I485 for AOS.....Question is, what will her immigration status be from the date she files the AOS paperwork until the interview where she receives (conditional)green card?

A..She is official under a "period of stay authorized by the Attorney General".

DO NOT LEAVE THE US!!!

[julesrose 0]

Perfect! That's all I needed to know thanks

[sanfran2418 1]

We are filing extremely late due to financial mishaps but finally on our way. I too was confused but what I have been told is since my wife is out of status since her i94 expired, even though she gets approved for advance parole it is not a good idea to leave the country since some immigration officers will hassle about the i94 expiration. So we are gonna stay put and wait till she just gets her green card.