Submitting AOS Application after I-94 Expiration

[Willy Wilcox 38]

Hey everyone,

 

I'm still confused about submitting the AOS application after the I-94 expiration date.  My wife and I got married within the 90 days but I will be submitting the AOS application after the I-94 expiration date.  I checked about the extension of the I-94.  It appears that K nonimmigrant visa holders are not eligible for I-94 extensions according to this link:

 

https://www.uscis.gov/visit-united-states/extend-your-stay

 

I'm guessing it's because it's a conditional visa.  I hope that that also means that if the condition is met then (assuming AOS is filed fairly soon after the marriage) then the I-94 kind of automatically extends.  I'm under the assumption that the marriage gives her a quasi-status.  Not legal, but not illegal.  It's kind of a gray area, a middle zone.  I would just like a clearer explanation (and more recent experiences if possible) about this situation.  I've seen that up to a year is still alright to file the AOS (I plan on submitting it well before a year) but I've seen other information as well.   Any advice or someone who recently filed after I-94 expiration willing to share their experience?

 

Thanks 

[GabiMatch 161]

14 minutes ago, Willy Wilcox said:

Hey everyone,

 

I'm still confused about submitting the AOS application after the I-94 expiration date.  My wife and I got married within the 90 days but I will be submitting the AOS application after the I-94 expiration date.  I checked about the extension of the I-94.  It appears that K nonimmigrant visa holders are not eligible for I-94 extensions according to this link:

 

https://www.uscis.gov/visit-united-states/extend-your-stay

 

I'm guessing it's because it's a conditional visa.  I hope that that also means that if the condition is met then (assuming AOS is filed fairly soon after the marriage) then the I-94 kind of automatically extends.  I'm under the assumption that the marriage gives her a quasi-status.  Not legal, but not illegal.  It's kind of a gray area, a middle zone.  I would just like a clearer explanation (and more recent experiences if possible) about this situation.  I've seen that up to a year is still alright to file the AOS (I plan on submitting it well before a year) but I've seen other information as well.   Any advice or someone who recently filed after I-94 expiration willing to share their experience?

 

Thanks 

The fact that your I-94 is not valid when you file your petition does not matter at all, but it's not recommended to wait long to file your AOS because if you do not have a pending application you're subjected to deportation at any time after the expiration of your I-94, the visa and the marriage it self do not grant you the right to stay in US. I personally think that you should file for AOS ASAP! If something happen and they try to deport you you'll have to spend a ton of money with lawyers to void deportation and later on AOS anyway.

Good luck!

[cyanmavi 101]

The I-94 expires and that is it. It does not get extended due to marriage.
You can apply for AOS at any point after marriage. Some people do not file for years, but it is recommended that you do it as soon as possible to avoid potential removal proceedings if there is a run in with ICE and the legal troubles it could cause, and also so that the immigrant can have legal status and have the right to work and travel.

I would say the quasi-status, gray area you are talking about happens after you have filed for AOS and are waiting for permanent resident status, when you are 'in a period of authorized stay'.

I applied for AOS after my I-94 expired and it never came up.