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Bill and Juliana

Is it possible to get an extension of the I-94?

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My Wife entered the U.S. on Nov. 15, 2012, and we got married on December 6 (within 90 days,

as the K-1 visa requires). She has an I-94 that is due to expire on Feb. 13 (90 days after

entry into U.S.)

The Question: Is it possible to extend the term of the I-94?

I have some extra expenses in January, and would prefer not to have to pay the I-485 and

Biometrics fees until later, if possible.

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No you can't extend it that how much time the IO gave her in the US. If she over stay she will be illegal


AOS

Day 00: Nov/20/12: AOS Package sent(all Forms)

Nov/23/12: at 9:27 A.M.Package signed and recieved

Nov/29/12: Check cashed

Dec/03/12: Recieved Receipts and Biometrics appointment

Dec/20/12: Biometrics appointment

Jan/2/13. : received email an text. Ready for Testing and interview

Jan/23/13: text and email that EAD and AP approved!!!! Yes!!!!!!!

Day 70: Jan/29/13: Card/Document Production

Day 73: Feb/01/13: Recieved EAD card.

Day 101: recieved text/email that AOS interview is April 2nd.

Day--- : AOS approved for green card. Got stamp in passport.

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My Wife entered the U.S. on Nov. 15, 2012, and we got married on December 6 (within 90 days,

as the K-1 visa requires). She has an I-94 that is due to expire on Feb. 13 (90 days after

entry into U.S.)

The Question: Is it possible to extend the term of the I-94?

I have some extra expenses in January, and would prefer not to have to pay the I-485 and

Biometrics fees until later, if possible.

Bill, an 'expired' I-94 issued for a K-1 entry is somewhat of a grey area, but one that is in your favor.

The only requisite is that you marry within 90 days and in that you are fine. There is no deadline for your wife to apply for AOS so despite her I-94 being expired and her being out of status is not something over which you should lose sleep. Having said that, it is in her best interest - and yours - that she starts her AOS as soon as possible so that she can get her green card and start working - if that is in the plans and adjust to her life in the US.

In essence you need not despair, but do not be complacent either.

Congrats and good luck!


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