l94 expired / AOS

[NayRey 28]

Hello! I have a questions, I hope someone can answer... I came to the US in November 2018, we got married on 22 January 2019, and we about to send the AOS, and all the forms in few days, but my l94 is expired soon on 31 March... is that a problem?

Is it considered as a overstay?

Also, about the medical record. I had my medical vaccination in France did I have to book an appointment with the doctor in USA and filled the form I-693 with the I-485 ?

 

Have a good day!

[K1visaHopeful 2,662]

4 minutes ago, NayRey said:

Hello! I have a questions, I hope someone can answer... I came to the US in November 2018, we got married on 22 January 2019, and we about to send the AOS, and all the forms in few days, but my l94 is expired soon on 31 March... is that a problem?

Is it considered as a overstay?

Also, about the medical record. I had my medical vaccination in France did I have to book an appointment with the doctor in USA and filled the form I-693 with the I-485 ?

 

Have a good day!

Once your I94 expires, you will become an overstay but it's generally a non-issue because you fulfilled the requirements of your K1 Visa.

 

As a K1 your only medical obligation was completed overseas. As long as: 1) you filed AOS within one year of your overseas medical date. 2) you did not have any illnesses or if you did, you were treated and passed. 3) you completed all of the vaccines that were due ON THE DAY of your overseas medical and the Panel Physician completed the DS3025 correctly, you satisfied the medical requirements. You should have submitted a copy of your DS3025 with your I485 application and will bring your copy of the DS3025 to the interview. Your overseas medical packet was collected at your POE, sent to USCIS and was stored in your A-file. Your interviewing officer will pull it for your AOS interview and review it for completion. Provided everything above is true/works out, you will not need another medical no matter how long it takes to get an interview. That means you will not need a signed I693 so any rules/policies/requirements do not apply to you as a K1.

 

Edited March 17, 2019 by K1visaHopeful

[Crazy Cat 39,226]

Once your I-94 expires you will be out of status (just like any other person)  until you file the 485.  At that point, you will have authorized stay while the I485 is pending.  Make sure you file an I-765 (EAD) and I-131 (Advance Parole) along with your I-485.

[USS_Voyager 1,971]

As long as you file the I-485 before your I-94 expires, you won’t have any overstay