expired I-94

[VolimTe 0]

my husbands I-94 expired on June 24th.. and we are planning to file for AOS.in like a day im finishing up paper work. i did not even know that there is a deadline for AOS..is there one? :S .. he arrived to US on March 24th, 2011. His visa in the passport expires at the end of august not sure exactly.. i read a lot of posts on this...some ppl over react on things like this, i do too.. did any of you file for AOS after 5 moths of arrival in us. WE GOT MARRIED WITHIN 90 DAYS. He has his SSN, his drivers license, his ID . any ideas on this i wld appreciate IT

[Richard-Y-Abigail 18]

Once you got married, the K1 Visa is no longer valid. This Visa is just to get married. The I-94 will eventually run out. There is no time limit to file for AOS. Of course, anyone that has gone through this knows that it is mentally difficult waiting for that EAD and the residency permit. After marrying, any time spent out of status will be forgiven once the AOS is applied for. Until you apply for the AOS, keep copies of everything that shows that you are following the law in case you get tied up with the police or USCIS. Oh, hang onto the I-94. You have to send it in when you apply for AOS. Renew his passport before the AOS meeting. They may want to put a stamp in the passport, to show you have been approved for a green card.

[Max1gk 68]

my husbands I-94 expired on June 24th.. and we are planning to file for AOS.in like a day im finishing up paper work. i did not even know that there is a deadline for AOS..is there one? :S .. he arrived to US on March 24th, 2011. His visa in the passport expires at the end of august not sure exactly.. i read a lot of posts on this...some ppl over react on things like this, i do too.. did any of you file for AOS after 5 moths of arrival in us. WE GOT MARRIED WITHIN 90 DAYS. He has his SSN, his drivers license, his ID . any ideas on this i wld appreciate IT

What counts is the expiration date on the I-94. The law says you should get married and file for AOS WITHIN 90 days after arriva..but as has been said,this is generally forgiven for an immediate relative of a US citizen. The date printed on the K-1 visa simply indicate that he had time till the end of August to enter into the US (K-1s are one-time entry visas) - It has no use regarding of his lawful or unlawful presence which is determined only based on the date stamped on the I-94. You guys should be fine though,but hurry up in sending that package

Edited August 20, 2011 by Max1gk

[VanessaTony 3,567]

Once you got married, the K1 Visa is no longer valid. This Visa is just to get married. The I-94 will eventually run out. There is no time limit to file for AOS. Of course, anyone that has gone through this knows that it is mentally difficult waiting for that EAD and the residency permit. After marrying, any time spent out of status will be forgiven once the AOS is applied for. Until you apply for the AOS, keep copies of everything that shows that you are following the law in case you get tied up with the police or USCIS. Oh, hang onto the I-94. You have to send it in when you apply for AOS. Renew his passport before the AOS meeting. They may want to put a stamp in the passport, to show you have been approved for a green card.

Incorrect in several places. The K1 visa is voided on entry NOT marriage. Then the OP has 90 days to marry and also of legal presence in the US.

Once the I-94 expires the immigrant IS out-of-status but due to their marriage is legally able to adjust status (AOS) so even though ICE can and HAS locked people up for being out-of-status, once the immigrant goes before an immigration judge the judge will tell you to AOS immediately.

ALSO, over-stay is NOT forgiven on applying for AOS, it's only forgiven on APPROVAL of AOS.

You also do NOT send in the original I-94. You send in a COPY of the I-94 and take the original to interview, IF you have an interview. Not all K1 entrants do (I didn't).

There is NOTHING to prove they are following the law until they actually apply for AOS. Once the I-94 is expired the immigrant is out-of-status and while yes being married before the 90 days is following the rule of the K1, police officers won't know that. ICE might, but sometimes they don't (which is why some people have gone to immigration jail before seeing the immigration judge who throws it out).

I would also NOT renew the passport for several reasons, what if you don't get it back in time? It changes the details of the passport that you sent in to APPLY for AOS, and also because it is more rare to get a I-551 stamp now. It's also getting rarer to hear whether you're approved or not at interview (again IF you have one) and instead they tell you it's under review.

my husbands I-94 expired on June 24th.. and we are planning to file for AOS.in like a day im finishing up paper work. i did not even know that there is a deadline for AOS..is there one? :S .. he arrived to US on March 24th, 2011. His visa in the passport expires at the end of august not sure exactly.. i read a lot of posts on this...some ppl over react on things like this, i do too.. did any of you file for AOS after 5 moths of arrival in us. WE GOT MARRIED WITHIN 90 DAYS. He has his SSN, his drivers license, his ID . any ideas on this i wld appreciate IT

I arrived Sept 12th 2009, I-94 expired Dec 12th 2009, I applied for AOS in April 2010. I had no issues (no RFE's) and no interview.

There is an AOS thread in my signature which should help you

[cherrylovekalbs 4]

my husbands I-94 expired on June 24th.. and we are planning to file for AOS.in like a day im finishing up paper work. i did not even know that there is a deadline for AOS..is there one? :S .. he arrived to US on March 24th, 2011. His visa in the passport expires at the end of august not sure exactly.. i read a lot of posts on this...some ppl over react on things like this, i do too.. did any of you file for AOS after 5 moths of arrival in us. WE GOT MARRIED WITHIN 90 DAYS. He has his SSN, his drivers license, his ID . any ideas on this i wld appreciate IT

You were admitted as a nonimmigrant, and you were granted 90 days in the K-1 classification. You married as you were supposed to. Now you are supposed to apply for adjustment of status.

Once your I-94 expires, if you have not applied for adjustment, you will begin to accrue unlawful presence. If you accrue 181 days of unlawful presence and depart from the U.S., you will be subject to a 3-year bar from admission.

It would be in your best interests to file form I-485 with CIS before you reach that 181st day of unlawful presence.