FILING AOS QUESTION.

[lovey07 0]

WE'RE ABOUT TO FILE AOS FOR MY WIFE'S KID'S BUT THEIR I-94 HAS BEEN EXPIRED.WILL THE

USCIS DENY THE APPLICATION COZ OF THE EXPIRED I-94?HAVE YOU HEARD ANY CASE LIKE THIS?WE NEED SOME

ADVICE.THANKS.

[marriedtomrg 140]

Will need more information...what visa did the child arrive under? K2?

WE'RE ABOUT TO FILE AOS FOR MY WIFE'S KID'S BUT THEIR I-94 HAS BEEN EXPIRED.WILL THE

USCIS DENY THE APPLICATION COZ OF THE EXPIRED I-94?HAVE YOU HEARD ANY CASE LIKE THIS?WE NEED SOME

ADVICE.THANKS.

[lovey07 0]

WE'RE ABOUT TO FILE AOS FOR MY WIFE'S KID'S BUT THEIR I-94 HAS BEEN EXPIRED.WILL THE

USCIS DENY THE APPLICATION COZ OF THE EXPIRED I-94?HAVE YOU HEARD ANY CASE LIKE THIS?WE NEED SOME

ADVICE.THANKS.THEY HAVE A K2 VISA.

Edited October 23, 2010 by lovey07

[marriedtomrg 140]

File it right away, but because the I-94 is expired, the boy cannot file an Advance Parole (AP, I-131) application. Send in the I-485 (adjustment of status) and the I-765 (employment authorization), and the other required forms and documentation. The boy cannot leave the U.S. while the application is ongoing.

[JimVaPhuong 4,863]

File it right away, but because the I-94 is expired, the boy cannot file an Advance Parole (AP, I-131) application. Send in the I-485 (adjustment of status) and the I-765 (employment authorization), and the other required forms and documentation. The boy cannot leave the U.S. while the application is ongoing.

They can still file for and use advance parole if the overstay is less than 180 days.

[VanessaTony 3,567]

They can still file for and use advance parole if the overstay is less than 180 days.

Agree with Jim

[lovey07 0]

we dont really care about advance parole or employment authorization coz the kids are under 18.

we just want to know if they will deny the AOS coz of the expired I-94.Its been almost a year since they arrived.

[VanessaTony 3,567]

we dont really care about advance parole or employment authorization coz the kids are under 18.

we just want to know if they will deny the AOS coz of the expired I-94.Its been almost a year since they arrived.

No they won't. To be honest though, this is probably a question you should have asked long before their I-94 expired :S

[JimVaPhuong 4,863]

we dont really care about advance parole or employment authorization coz the kids are under 18.

we just want to know if they will deny the AOS coz of the expired I-94.Its been almost a year since they arrived.

Normally, an applicant for adjustment of status is required to maintain their lawful non-immigrant status in the US up until their AOS application is accepted by USCIS. This means that, under most circumstances, someone whose I-94 had expired would not be eligible to adjust status. However, this particular requirement does not apply to an immediate relative of a US citizen. For the purpose of immigration law, an immediate relative is anyone who would qualify for a CR or IR visa, which is a spouse, a child under 21 years of age, or a parent.

Step-children qualify as an immediate relative, and may adjust status as an immediate relative, if one of three conditions apply:

1. The US citizen has adopted them, or will adopt them, before they are 18 years old, or...

2. The US citizen married the biological parent of the children before the children were 18 years old, and the AOS application is submitted before the children are 21 years old, or...

3. The children entered with a K2 visa, the biological parent and US citizen were subsequently married, and the children's AOS application is APPROVED before the children are 21 years old.

My step-kids entered with K2 visas. Their I-94's had expired about two months before we submitted their AOS applications. They were approved without any problems.

[marriedtomrg 140]

If you are planning to include the children in your taxes next year, and their green cards have not been approved yet, you cannot add them as your dependents unless they have a SSN (you need an EAD for the kids to get them a SSN...there is no charge if you apply for EAD at the same time as the AOS), or an ITIN (which you can only apply for at the same time as your 1040...which means you cannot file electronically).

we dont really care about advance parole or employment authorization coz the kids are under 18.

we just want to know if they will deny the AOS coz of the expired I-94.Its been almost a year since they arrived.