Can we file an adjustment of status with an expired I-94?

[kimcheri 0]

Hello

My fiance arrived in the USA July 2013 on a K-1 visa. We married within the 90days alloted however we have not filed an adjustment of status yet due to financial reasons. His I-94 expired on 10/7/2013 so he is out of status. At this point we are ready to file the adjustment but i was informed that it may be denied because his visa stamp expires 12/31 and I-94 already expired. I really dont want to pay the $1076 to have it denied and have to file additional forms.

Please help

leslie

[JohnR! 5,495]

Yes, provided you married within 90 days of his arrival you can AOS at anytime. He should not leave the country until she has her GC though. Tell him to stay put until the AOS is completed.

Good luck!

[Pitaya 2,577]

~Moved from K-1 Process to Family-based AOS Forum~

~Inquiry about AOS, past K-1~

[KayDeeCee 4,892]

Do not know who told you it could be denied because the I-94 is expired, but they are completely incorrect. You should just go by the I-485 instructions from the USCIS. If you married within 90 days of entry, then you are eligible to file for AOS. There is no deadline.

Do not pay $1076 though. Only pay $1070, or they will reject your application for incorrect fee amount.

http://www.uscis.gov/i-485