Filing AOS after expiration of my I-94

[Curious george 0]

Hello everyone! After reading through so many informative posts on this forum, there is one question I can't seem to find a clear answer to (what I have read at least conflicts with what I was told by the immigration officer at the port of entry).

I was admitted to the US on a K-1 classification and informed at my time of arrival that it was necessary that I not only got married within the 90 day period, but that I also filed for AOS before the expiration of my I-94. However, I have heard that other people have been able to successfully file AOS after their I-94 expired.

Our problem is that due to unforeseen circumstances my wife needed urgent surgery (not covered by healthcare) and that we can not afford the $1200 to file AOS prior to the expiration of my authorized stay (we will however be able to do so in a couple of months time).

I understand that a K-1 cannot be extended so once my I-94 expires I will be out of status and will have serious problems returning if I leave the US prior to filing AOS. I would really appreciate some clarification as to whether filing AOS is acceptable after the expiration of my I-94 and if there is anything I should be prepared for if doing so (obviously I must not say anything about the financial reason).

Any advice is much appreciated!

[payxibka 10,044]

it is acceptable...

[Harpa Timsah 13,258]

You can file after your I-94 expires. As long as you were married during the 90 days you fulfilled the terms of your visa. There will be no consequences on your AOS.

However... You will have no status and not be able to work OR travel until you file for AOS. You will be accruing days of illegal presence. Once you file AOS (when it is approved) your days of illegal presence will be effectively erased by the issuance of your greencard.

You will have serious problems if you try to leave and return prior to filing and approval of AOS. You won't be able to return, and you will have to file for a CR-1 spousal visa. However, if it's just a few months, you can stay here and work through your medical issues and get healthy and file AOS and you'll get your Greencard. Best of luck!

[Curious george 0]

Cheers Harpa! Thank you so much for the info. Because the lapse of time from the expiration of my I-94 to filing AOS is technically illegal presense I wanted to be sure! my wife and I have already been joking about how I will need to lay low and not drive etc so our social life will need to come to us! I don't like to take chances with immigration after a bad experience trying to extend my stay once before.

[VanessaTony 3,567]

Cheers Harpa! Thank you so much for the info. Because the lapse of time from the expiration of my I-94 to filing AOS is technically illegal presense I wanted to be sure! my wife and I have already been joking about how I will need to lay low and not drive etc so our social life will need to come to us! I don't like to take chances with immigration after a bad experience trying to extend my stay once before.

I waited about 4-5 months because of several reasons. It's a bit stressful being out of status and yeah, I didn't go out too much! AOS is currently costing $1070. It would be best if you could borrow that money from someone but I also understand that isn't as easy as some would think. If you're having money issues already then getting your EAD asap would be best esp if your wifes condition (not asking you to disclose it) means she may be "out of action" for a while. Not to mention the fee has gone up since I applied and you don't want to end up waiting till it goes up again.

[TBoneTX 43,421]

I have already been joking about how I will need to lay low and not drive

This is no joke. Do everything possible to avoid contact with ICE or CBP agents, and file as soon as possible.