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suv Contributor

suv   0

Posted
Filed: Lift. Cond. (pnd) Country: India
 Timeline
Posted

Hi,

I entered US on K1 visa.My I-94 expires on February 17th.Though we got married on December 19th,we were not able to file AOS.My ques is,how much time before I-94 expires can we file I 485.As far I understand,you need to have a valid I 94 during filing as per instructions on filing of I 485.My husband insists that the time frame really doesn't matter for spouse,but I don't want to be here illegally,which could effect my further entry in US in future.My daughter accompanied me here on K2,so I want things safe for her.Any advice on this?Thanks

belinda63 Experienced

belinda63   3,039

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Any period between the expiration of the I-94 and the acceptance of the I-485 (NOA-1) is unauthorized stay and you are subject to trouble. Once you have the NOA-1 this is proof you are authorized to be here pending your new status. Only if the period between the two is 180 days or more will it affect your ability to re-enter the US later. Keep in mind you cannot leave the US until you have advance parole in your hand. If there is 180 days or more between the expiration of the I-94 and the NOA-1 for AOS don't leave the US until you have your green card. This applies for you and for you child (sometimes families file for them at different times).

Zedayn Experienced

Zedayn   485

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

There is no limit of time on when to file the AOS paperwork. You don't need to file before your I-94 expires, however it is highly recommended to do so as you will be in a period of unauthorized stay once your I-94 expires.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

suv Contributor

suv   0

Posted
Filed: Lift. Cond. (pnd) Country: India
 Timeline
  • Author
Posted

Hi,

I entered US on K1 visa.My I-94 expires on February 17th.Though we got married on December 19th,we were not able to file AOS.My ques is,how much time before I-94 expires can we file I 485.As far I understand,you need to have a valid I 94 during filing as per instructions on filing of I 485.My husband insists that the time frame really doesn't matter for spouse,but I don't want to be here illegally,which could effect my further entry in US in future.My daughter accompanied me here on K2,so I want things safe for her.Any advice on this?Thanks

Thanks for the reply.I would like to know how many days after filing I 485,NOA1 is received?.Does the postal receipt act as a proof of filing?

 
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