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Willy Wilcox

Submitting AOS Application after I-94 Expiration

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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 :)


AOS Process:

I-485 (AOS), I-765 (EAD), & I-131 (AP) File Date:  January 24, 2018

I-485 (AOS), I-765 (EAD), & I-131 (AP) Receive Date:  January 26, 2018

I-485 (AOS), I-765 (EAD), & I-131 (AP) Text Receipt Notification Date:  February 5, 2018

I-485 (AOS), I-765 (EAD), & I-131 (AP) NOA1 Notice Date: February 9, 2018

I-485 (AOS) & I-765 (EAD) Biometrics Appointment Letter Arrival: February 16, 2018

I-485 (AOS) & I-765 (EAD) Biometrics Appointment: February 28, 2018

I-765 (EAD) & I-131 (AP) Approval Date: August 1, 2018

I-765 (EAD) & I-131 (AP) Combo Card Receive Date: August 7, 2018

I-485 (AOS) Interview Date Scheduled for: September 11, 2018

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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!


02/14/2012 - Meet in person for the first time after talking online for over a year! :wub:

04/11/2012 - His first Visit to Brazil!!! (He was there twice).

09/12/2012 - Trip together to Cancun.

09/18/2012 - My First arrival/visit to United States (I visited about 4 to 6 times until my last arrival)

09/27/2016 - Last Arrival on B1/B2 Visa

02/01/2017 - MARRIED!!!

05/28/2017 - Package Sent

05/30/2017 - Package delivered 

06/09/2017 - Package returned (outdated I-130)

06/12/2017 - New package sent

06/14/2017 - New Package delivered

06/20/2017 - Check cashed

06/21/2017 - e-mails and texts received

06/24/2017 - Notice of action (Acceptance letter) received in the mail.

06/30/2017 - Biometrics appointment received in mail.

07/03/2017 - Biometrics done! (it was a successful walk in, my appointment was 07/10)

09/02/2017 - Service Request for EAD.

09/25/2017 - Call to tier 2 after no update on SR.

09/25/2017 - New Card Is Being Produced!!! (YAY)

09/30/2017 - EAD in hands!!!

04/08/2018 - Online Status Changed! - Interview Scheduled!!!

04/11/2018 - Inteview letter on the mail!

05/11/2018 - Interview at West Palm Beach field Office - Approved on spot!!!

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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.


 

K-1 and AOS timeline below:

Spoiler

 

Met in school summer of 2011, started dating May 2012, engaged June 2016

07/15/2016 - Sent K-1 visa documents                            04/20/2017 - Mailed AOS package

07/19/2016 - NOA1 (California Service Center)                 04/23/2017 - AOS package delivered

09/02/2016 - NOA2 (45 days)                                         04/29/2017 - AOS text and email notifications

09/15/2016 - NVC case number assigned                         05/04/2017 - NOA1 received for AOS, EAD, AP

09/29/2016 - Case is "Ready" at embassy                        05/22/2017 - Biometrics taken

10/06/2016 - Got an interview date!                                06/14/2017 - Case is Ready to Be Scheduled for Interview

11/06/2016 - Scheduled the medical!                               08/03/2017 - Interview is Scheduled

12/06/2016 - Medical done!                                            09/06/2017 - Interview time!

12/12/2016 - Interview done! Visa approved!                   09/06/2017 - RFE for (lost) medical

12/16/2016 - Visa issued                                                09/19/2017 - New medical submitted (in person)

12/19/2016 - Passport with visa, envelope in hand             09/26/2017 - New Card is Being Produced (online update)

01/11/2017 - POE!!!                                                       09/29/2017 - Received I-797 Approval Notice - Card Was Mailed to Me

04/06/2017 - Married                                                     10/04/2017 - Green card in hand!

 

 

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