I-94

[El Mostafa Hajri 0]

hi everyone here

My question today is : i just get married two weeks ago and my I-94 almost expired i have no idea is that will make problems when i will start adjustment of status, I have now 14 days before my I-94 expire.... Is that mean in my situation is not safe ??! Is that will make doing it hard??!

[geowrian 22,337]

If you are married to a USC, then an expired I-94 won't be an issue as overstay is ignored for AOS purposes. That said, once your I-94 expires, you will be out of status until you file for AOS.

[BigDaddy28 228]

10 minutes ago, geowrian said:

If you are married to a USC, then an expired I-94 won't be an issue as overstay is ignored for AOS purposes. That said, once your I-94 expires, you will be out of status until you file for AOS.

Just a small correction: any overstay is not ignored, it's forgiven. Meaning as long as you are married until AOS is approved your overstay will be forgiven, however if you get divorced before AOS is approved than your overstay won't be forgiven. 

But you are good to stay and apply for AOS.

 

Good luck. 

[geowrian 22,337]

3 minutes ago, silkafi88 said:

Just a small correction: any overstay is not ignored, it's forgiven. Meaning as long as you are married until AOS is approved your overstay will be forgiven, however if you get divorced before AOS is approved than your overstay won't be forgiven. 

But you are good to stay and apply for AOS.

 

Good luck. 

Actually, it is not forgiven. If AOS is denied, an overstay is still accumulated since the expiration of the I-94. "Forgiven" would mean it no longer applies or is somehow erased. Ignored means they do not take it into consideration.

Edited March 13, 2017 by geowrian

[BigDaddy28 228]

4 minutes ago, geowrian said:

Actually, it is not forgiven. If AOS is denied, an overstay is still accumulated since the expiration of the I-94. "Forgiven" would mean it no longer applies or is somehow erased. Ignored means they do not take it into consideration.

Overstay is always taken in consideration, what makes it forgiven is the fact you are married to a US citizen. So as long as the applicant is married to a US citizen, the overstay is forgiven unless if the AOS is denied (because of an event that cancels the first condition) which will than bring that overstay up again from the day I94 expired. So no "ignored" is not a valid term to use because overstay is always in considaration what makes it not matter is what category you applying based on. 

[geowrian 22,337]

8 minutes ago, silkafi88 said:

Overstay is always taken in consideration, what makes it forgiven is the fact you are married to a US citizen. So as long as the applicant is married to a US citizen, the overstay is forgiven unless if the AOS is denied (because of an event that cancels the first condition) which will than bring that overstay up again from the day I94 expired. So no "ignored" is not a valid term to use because overstay is always in considaration what makes it not matter is what category you applying based on. 

No, overstay is not always taken into consideration. Let me try to lay out a situation:

• Bob enters the US on a tourist visa
• Bob overstays his visa
• Bob marries a USC and files for AOS
• AOS is approved
• Bob divorces and chooses to return to his home country, abandoning his LPR status
• Bob tries to obtain a new tourist visa

In this situation, Bob does not have a bar for the overstay. But Bob has overstayed a visa and that will be taken into consideration. If AOS forgave the overstay, then the past overstay would not be permitted to take into consideration.

 

That said, this is going off topic over a nuance.

Edited March 13, 2017 by geowrian

[BigDaddy28 228]

3 minutes ago, geowrian said:

No, overstay is not always taken into consideration. Let me try to lay out a situation:

• Bob enters the US on a tourist visa
• Bob overstays his visa
• Bob marries a USC and files for AOS
• AOS is approved
• Bob divorces and chooses to return to his home country, abandoning his LPR status
• Bob tries to obtain a new tourist visa

In this situation, Bob does not have an bar for the overstay. But Bob has overstayed a visa and that will be taken into consideration. If AOS forgave the overstay, then the past overstay would not be permitted to take into consideration.

 

That said, this is going off topic over a nuance.

You brought a whole different situation. I was talking about overstay from expiration of I94 up until approval or denial of AOS. However it seems we are disagreeing about terminology but the idea is the same that we are trying to deliver to the applicant. 

With that being said, you are still wrong in my opinion lol.