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amberlynnloves

AOS Expired I-94

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My then fiance now husband entered on a K1 visa in December. His I-94 expired on March 23, 2013. We are getting ready to send in his AOS package. I was out of work for a few months with a wrist injury so money was a little tight for a bit. But we are sending it in hopefully this coming Friday.

Because his I-94 is expired by about 63 days on Friday, is that going to be an issue? Will they deny him because of the small overstay? We got married within the 90 days allowed on the K1 visa, just didn't send in the AOS package within those 90 days.

Any issues with that? we have a simple cut and dry case otherwise. No other overstays...etc.

Thanks for your help!


K-1 VISA ADVENTURE:
04-01-2012: Engaged in Detroit, Michigan at Comerica Park!
USCIS
05-02-2012: Sent I-129F to Dallas Lockbox
05-14-2012: Received Physical NOA1
08-09-2012: Received Physical NOA2
Montreal Embassy
08-21-2012: Package 3
09-06-2012: Package 4
11-12-2012: Medical in Toronto, Ontario (Approved-Went Well! Tip: Make sure you have ALL of your vaccinations up to date when you go to your medical exam! It CAN delay things.
11-19-2012: Interview in Montreal (APPROVED!!)
11-21-2012: Received Passport and Visa Package Back From Montreal (DHL/LOOMIS OPENED OUR SEALED ENVELOPE! SENT BACK TO MONTREAL ON 11-23-2012 TO BE RESEALED)
12-04-2012: Recevied resealed Visa package from Montreal
12-23-2012: POE: Port Huron, Michigan (Everything Went Great!)
02-16-2013: Wedding Date! We're MARRIED!

AOS

06-18-2013: Sent AOS Package to Chicago Lockbox

06-20-2013: USPS Estimating Package Should Arrive in Chicago

06-24-2013: Received NOA Text and Emails for All Applications

06-27-2013: Received Physical NOAs for AOS, EAD and AP

07-16-2013: Biometrics Appointment

07-29-2013: I-485 Ready for Interview to Be Scheduled!!! YAY!!!! (No EXTREMELY Long Wait!)

08-02-2013: Received Mail with Interview Date!

09-03-2013: Interview in Detroit, Michigan (APPROVED!)

09-04-2013: EAD/AP Approved! (Even though it no longer matters because GC was approved the day before)

09-09-2013: Green Card mailed out via USPS 2-Day Air

09-11-2013: Received 2 Year Conditional Green Card in the Mail

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No issue. If he applies for AP also, he should do it before 180 days past the I-94 expiration date. Otherwise he may not be able to use the AP. But it seems that you still have a big margin.

I would recommend applying for EAD and AP as well. It's free when filed with AOS, and those 2 applications will be approved in 2-3 months. That way, he will authorized to work and travel while his AOS is pending.


K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

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hi everyone i have a quick question regarding i94 when applying to adjust. i lost my passport 4 years ago with my i94 in it, i am married to USC and have an approved i360. can i apply to adjust without a copy of my i94? or should i send in an application to replace it before filling i485? thanks.


02-03-2006 I130 filed

10-16-2006 I130 approved

05-15-2012 I360 sent

05-29-2012 I360 receipt date

06-04-2012 1st prima facie received

11-16-2012 2nd prima facie sent out

05-01-2013 3rd prima facie sent out

05-16-2013 I360 APPROVED!!!!!

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Why do you have an approved I-360?

You need a copy of your I-94 either way. It is on you to prove to USCIS that you entered legally. You need a replacement.

Your case is different from the OPs, so in future it is better to start your own thread.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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oops. sorry i will start a a new thread.


02-03-2006 I130 filed

10-16-2006 I130 approved

05-15-2012 I360 sent

05-29-2012 I360 receipt date

06-04-2012 1st prima facie received

11-16-2012 2nd prima facie sent out

05-01-2013 3rd prima facie sent out

05-16-2013 I360 APPROVED!!!!!

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