I-94 expiring

[Him & Me 4]

Hi there all!

I hope everyone is doing well!

Getting to the main point. My wife entered the United States on K1 Visa. We got married after 20 days of her being in US. I am working on gethering paperwork for AOS for her. However, her I-94 is expiring in a week and I don't think I can send out the AOS package before that. Is this going to be an issue? After I-94 is expired could my wife be deported or be in any trouble with the Immigration Services? Please help and guide me with your feedback.

God bless you all.

[Hypnos 6,576]

Once her I-94 expires she will be out of status and technically deportable if she somehow gets on ICE's radar (unlikely, but possible).

You should file for her AoS as soon as you can, since that will put her back into a legal status until her applications are finally adjudicated. There will be no penalty at the time of adjudication for filing AoS late.

Edited February 8, 2013 by Hypnos

[Inky 1,111]

Just get the AOS package in as soon as you can. Its not likely she will be deported.

[Him & Me 4]

Just get the AOS package in as soon as you can. Its not likely she will be deported.

Thank you guys for your reply. It made me a little worried now. I am just waiting for one piece paper that I need to receive from the State. I hope things go well. I am very much worried.

Just get the AOS package in as soon as you can. Its not likely she will be deported.

Thank you guys for your reply. It made me a little worried now. I am just waiting for one piece paper that I need to receive from the State. I hope things go well. I am very much worried.

[KayDeeCee 4,893]

Please do not be afraid she will be deported. It is highly unlikely she would have a run in with ICE. Even if in the unlikely event she did, she would not be deported. The judge would see she is eligible to file for AOS and order her to file right away.

There is no deadline to file for AOS. Many people file weeks, months and some even years after their I-84 expires without any problems.

[Moomin 292]

Depending on where you live of course(a few states and officers have more authority), but it most likely won't be an issue if she's just minding her own business. Her unlawful presense until NOA1 is in hand would not have a negative effect on the AOS decision. It's forgiven as the spouse of a US citizen upon AOS approval.

I was out of status for about 2 months - ie 2 months from when i94 expired until NOA1 in hand. No issues with getting EAD before AOS was approved(without interview), and no RFEs.

Submit it as soon as you can - it's not awesome to be "stuck" because your wife probably can't drive, work or do anything "normal". The absolute worst scenario IMO is if something happens to your wife's family and she wants to visit back home. She'll be abaoning her status without greencard/AP in hand and in such case you'll have to start all over. So submit AP(form I131) with AOS and the relevant evidence. There's no fee for I131 - same goes for the work permit.

Good luck. Hope for an interview though - alot less wait than if you don't have one!