I94 will expire 06/30 help pls for few questioms(merged)

[reeses 0]

hi everyone! my k1 and k2's i94 will expire on june 30, 2015. and i have several questions:

can we still file for AP if we are going to file it on 1st week of July?

what do i put in the date of intended departure and length? and type of explanation brief sample?

also I read that if we are qualified for a waiver of incomplete in our ds vaccination record, we are not required to have a civil surgeon convert it to sealed form? we can just submit the vaccination records. is that accurate?

is a certified copy of a marriage certificate is required? or a copy is okay?

any inputs is greatly appreciated... thank you

[usmsbow 802]

AP: yep, you can still file it on July 1st.

Date of intended departure and length: I just made something up I think that was months down the road.

Certified copy: The I-485 instructions say just submit a copy, no mention of certified copy. that being said, I've read on here that you could get a RFE for just a regular copy.

[Darnell 8,478]

on a pc? have a read through this topic:

http://www.visajourney.com/timeline/profile.php?id=212172

then let us know when your I-94 actually expires.

[Darnell 8,478]

http://www.visajourney.com/forums/topic/554134-my-electronic-i-94-says-it-expires-on-the-30th/

[Ryan H 3,813]

Duplicate threads merged; please refrain from posting multiple threads on the same topic.

[Dashinka 24,609]

hi everyone! my k1 and k2's i94 will expire on june 30, 2015. and i have several questions:

can we still file for AP if we are going to file it on 1st week of July?

what do i put in the date of intended departure and length? and type of explanation brief sample?

also I read that if we are qualified for a waiver of incomplete in our ds vaccination record, we are not required to have a civil surgeon convert it to sealed form? we can just submit the vaccination records. is that accurate?

is a certified copy of a marriage certificate is required? or a copy is okay?

any inputs is greatly appreciated... thank you

If your timeline is correct and you entered the U.S. In late October, your I 94 expired 90 days later, sometime in late January by my calculation. I have seen many posts mentioning the June 30 date, but that seems to be the date the form itself expires. There is no timeframe specified for filing AOS/AP/EAD, but most people file it soon after getting married as long as they can meet all the requirements and pay the filing fee. I believe it is best to send a certified copy to avoid any unnecessary RFEs. When we got married we ordered several certified copies for future use. You may want to keep a copy with you if you travel outside the U.S., I have heard it can be helpful upon re-entry.

Good Luck!

[reeses 0]

Yes the timeline is filled out correctly, thank u so much for these. I will send a certified copy. Is that for each? I485, ead and ap? Or i can send just ine certified copy?

[Darnell 8,478]

i swear, in the instructions on the I-485, a photocopy of a certified document, is listed as being acceptable.

[Dashinka 24,609]

Yes the timeline is filled out correctly, thank u so much for these. I will send a certified copy. Is that for each? I485, ead and ap? Or i can send just ine certified copy?

We just sent one certified copy with the entire AOS/EAD package. My wife did not file for an AP. we got lucky and avoided the interview waiver process and she had her GC in less than 6 months, so the AP wasn't necessary anyway.

Good Luck!

[reeses 0]

Hi i entered the u.s. Oct.30 2014 hot married on nov 2014.

My husband says its ok to file.aos within one yr.

And now i found out my i94 expired last jan.2015. And we are rushing to.file aos this end of june.

What consequences i have?and i cant file for ap right? I also read that filing ap is useless after 180 days of expired i94 amd i cant gp outside u.s. 5 to 10 yrs?

Do.i need to include an explanation of late filing on aos?

Hope.for.ur responses thnk u.

[Ontarkie 14,282]

~~Similar question merged. Do not high jack another members thread to ask the same question repeatedly.~~

[usmsbow 802]

Hi i entered the u.s. Oct.30 2014 hot married on nov 2014.

My husband says its ok to file.aos within one yr.

And now i found out my i94 expired last jan.2015. And we are rushing to.file aos this end of june.

What consequences i have?and i cant file for ap right? I also read that filing ap is useless after 180 days of expired i94 amd i cant gp outside u.s. 5 to 10 yrs?

Do.i need to include an explanation of late filing on aos?

Hope.for.ur responses thnk u.

Your question was answered on this thread:

http://www.visajourney.com/forums/topic/554134-my-electronic-i-94-says-it-expires-on-the-30th/page-2

Where did you read AP is useless? And that you can't leave the US 5-10 years?

You're fine. You can file for AP and you can leave the US once you receive it.

[reeses 0]

Sorry i was not able to realized that. Its just that im reading tons of forums and now im in a stage of panic..

[Dashinka 24,609]

Hi i entered the u.s. Oct.30 2014 hot married on nov 2014.

My husband says its ok to file.aos within one yr.

Your husband is right, the AOS has no time limit on filing.

And now i found out my i94 expired last jan.2015. And we are rushing to.file aos this end of June.

This is fine, but don't rush, read the guides here and look for samples of cover letters to make sure your package is complete to avoid any unnecessary RFEs.

What consequences i have?and i cant file for ap right? I also read that filing ap is useless after 180 days of expired i94 amd i cant gp outside u.s. 5 to 10 yrs?

I don't know where you heard the story regarding the AP, but this isn't true. When you put together your AOS package, include the EAD and AP forms with all their requirements. You should see this in about 90 days from when you file the package. The only consequence of not filing the AOS so far is that you cannot work, cannot get an SSN (unless you already have one), and you cannot travel outside the U.S. You are not illegal (subject to deportation), but you are considered out-of-status, which is ok since you met the requirements of the K1.

Do.i need to include an explanation of late filing on AOS?

Let me repeat, you are not late in filing an AOS package. Just follow the guides here.

Hope.for.ur responses thnk u.

First of all, don't panic! All is well. You met the requirements of the K1, so now you are at the next step. I will try to help with your questions above, but most of all Good Luck with your journey and remember, Don't Panic, because VJ is like the Hitchhiker's Guide To The Galaxy, there is always someone willing to help especially if you are doing things right.

[KayDeeCee 4,893]

Hi i entered the u.s. Oct.30 2014 hot married on nov 2014.

My husband says its ok to file.aos within one yr.

And now i found out my i94 expired last jan.2015. And we are rushing to.file aos this end of june.

What consequences i have?and i cant file for ap right? I also read that filing ap is useless after 180 days of expired i94 amd i cant gp outside u.s. 5 to 10 yrs?

Do.i need to include an explanation of late filing on aos?

Hope.for.ur responses thnk u.

Being barred from entry when you have more than 180 days of overstay no longer applies to those that have received AP based on being an AOS applicant.

There was a BIA ruling a few years back, Matter of Arrabally and Yerrabelly.

FAM notes now state this > http://www.state.gov/documents/organization/87120.pdf

9 FAM 40.92 N2.2 INA 212(a)(9)(B)(i)(II) Departure At Any Time

The 10-year bar under INA 212(a)(9)(B)(i)(II) does not contain the same language as the three-year bar under INA 212(a)(9)(i)(I) relating to the alien having departed voluntarily prior to commencement of removal proceedings. Thus, an alien who departs the United States after having been unlawfully present for a period of one year or more subsequent to April 1, 1997, is barred from returning to the United States for 10 years, whether the departure was before, during, or after removal proceedings and whether the alien departed on his or her own initiative or under removal order. The one exception to this rule (see also INA 212(a((9)(B)(v)) is that an alien cannot become inadmissible under INA 212(a)(9)(B)(i)(II) solely by virtue of a departure and return to the United States undertaken pursuant to a valid grant of advance parole based on the alien’s pending application for adjustment of status. Note that this does not preclude a trip under a grant of advance parole from being considered a “departure” for any other purposes under the INA, nor does it call into question the applicability of any other inadmissibility ground. On the contrary, it is well settled that an alien who leaves the United States and returns under a grant of advance parole is subject to those grounds of inadmissibility that may apply, rather than grounds of deportability, once parole is terminated. (See Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012.)