Getting Married and Filing AOS one month after expiration of 1-94

[Hypnos 6,576]

You say mean, I say sensible forward planning.

[Serendipity999 0]

Reading all your comments is an eye opener. I am a newbie and i didn't expect quick responses. Yeah, state of texas is quite strict when it comes to illegal immigrants. I heard that even the boarder patrol here randomly follow anyone whom they think are suspicious to ask for their ID's.

[sweet cakes 326]

Reading all your comments is an eye opener. I am a newbie and i didn't expect quick responses. Yeah, state of texas is quite strict when it comes to illegal immigrants. I heard that even the boarder patrol here randomly follow anyone whom they think are suspicious to ask for their ID's.

Yep. The situation will be a little more different if you are not by the border. The risk gets higher as you go nearer. Fact. I think you know that already. Just be extra careful, especially that you're nearing your I-94 expiration. Try to file the AOS the soonest. You will be considered out of status and technically deportable until you have a NOA from your I-485.

Edited May 13, 2014 by sweet cakes

[Erica & L 50]

I was in overstay for about a month before I sent in my AOS package, had no issues. If you stay low key and don't involve yourself with any sort of crime (no brainer) I think it would be highly unlikely you get deported, no need to keep yourself in the house all day out of fear.

[Serendipity999 0]

Once again, i appreciate all your posts. Take care everyone. Thanks a lot.

[Cathi 5,624]

We all agree that an out of status person that overstays his visa can and may be subject to deportation at any time before AOS. But there is no point in putting emphasis on that for OP. That is a worst case scenario that does not yet apply here and posting it to scare is just mean.

I don't see anything being "mean" by stating the truth. The fact is any time you are out of status you are deportable and no one can answer accurately if she will or won't be detained. It's a gamble, plain and simple.

[sharda 8]

You can also try and request for an extension on your B1/B2 before it goes expire on you, I know of some one who was in the same situation as you and was granted a a extension on the B1/B2 until the immigration process is finish. This will help you in not being illegal.

I also suggest you get a lawyer to represent you to be on the safe side, thats what my friend did and all went well. She use the lawyer from to start with the extension of the B1/B2.

Good Luck

[Serendipity999 0]

Thanks a lot. But do you think asking for an extension of B1/B2 for the purpose of getting married would not be questionable and may raise confusions upon processing of AOS?

[namour7997 2]

Based on my experience, I got married before the expiration of my I-94 then filed my AOS after 5 months of its expiration. I did not get deported nor detained/stopped for my papers and I live in DFW, Texas. Also, I did not get an extension neither did I get an attorney.

Now we are waiting for our interview schedule.

OP, it's your call if you want to file an extension and go through the expense of getting an attorney.

just sharing you my experience

[Serendipity999 0]

Namour7997 Thanks a lot for sharing your experience. Goodluck on your interview.

[sharda 8]

I am not sure how the extension will work out for you, because its quite a little different with Canadians, I am assuming that you actually have a visa in your passport however as Canadians we don't have visa but is being stamp at the POE so that the big difference here.

The last time I was stamp was in August, I travel in October , December and January without getting stamp B1/B2.

If you get marry before expiration date, then try and do the extension which be best you.

.

[Serendipity999 0]

Hi Sharda. I have a visa in my passport and everytime i enter US, the immigration officer would stamp the date i am allowed to stay-a span of 6 months usually. My usual purpose of coming here was solely visiting my cousins and him. And this time, he finally proposed.

[ValerieA 350]

OP, did you say your I-94 expires next week? If so, I'm not sure you have time to apply for an extension. If it were me, I wouldn't bother with the hassle and expense. Get married (have a civil marriage right away, you can have a big one for your family later) and get your paperwork filed - it will probably take you a month to get everything together, including waiting for your marriage certificate.

Earlier someone mentioned using a lawyer. Very few people on this site will recommend that, since your case is straight forward. As long as you are comfortable filling the forms out yourself (they are pretty easy, and you can always get additional help on this site) I wouldn't spend the $2k. A lawyer will honestly just cost money and slow you down. I really regretted using one.

[Serendipity999 0]

Thank you Valerie.