Fees for I 94 expired

[fckquincyma 0]

Hello, a friend of mine was married last december in Texas, after the wedding she travel with her husband to wisconsin with a I-94 that just expired on jan 29, now a lawyer that they were thinking to hire told them that there is a fee of a 1000 dollars, because now they are applying with an expired I-94!!!

Does someone knows something about this fee?

My husband and I apply when my I-94 was expired for more than a year and we weren't required to pay anything, please let me know.

[raymaga 25]

If you are talking about applying for AOS from a K-1Visa, there is no fee to pay just because the I-94 has expired. It is best to try to apply for AOS as soon after the marriage as possible, but there are really no strict rules about that.

If I were them, I would be looking for a new lawyer. Sounds like this lawyer is not too familiar with immigration issues.

[meauxna 15]

If I were them, I would be looking for a new lawyer. Sounds like this lawyer is not too familiar with immigration issues.

That's what I was going to say..

[John & Annie 0]

If I were them, I would be looking for a new lawyer. Sounds like this lawyer is not too familiar with immigration issues.

That's what I was going to say..

let me guess, pay the lawyer and he will pay the fees for you.

i concur with the above

[Satellite 1]

now a lawyer that they were thinking to hire told them that there is a fee of a 1000 dollars, because now they are applying with an expired I-94!!!

Confirm with the lawyer that he is charging $1000 for "extra immigration fees" rather than attorney's fees related with more work because you'll need an I-130 if you didn't apply for AOS within 90 days. If he is indeed charging "extra immigration fees" get it in writing and report him to your local state bar. They have ways of dealing with such unethical attorneys.

[fckquincyma 0]

Well, they never applied for a K-1 visa, they got married in El Paso TX, wich is the border with Mexico and you don't even need a I-94 to be in what is consider "the border" but you neeed a B1/B2 wich is valid for 10 years, but since they were traveling after the border they needed a I-94 that she had from previous traveling(you suppose to return that I-94 when you return to your country, but when you live in the border and you go and ask for a new one they don't give to you if the one that you have is not expired, that's why she didn't ask for a new one).

They want to do the AOS filling the regular forms I-485, I-130, etc.

May be this lawyer is trying to make them apply filling also the I-485A ?? but since she entered the country legally this supplemental form does not apply to her situation, thats my thought, what do you guys think?

Let me know, I'm trynig to help them.

[John & Annie 0]

this makes a little more sense.

If they are filing to adjust status based on marriage they do not need a new I-94.

They need to file a I-485 to adjust.

If they want to travel outside of the US they should file the I-131, and if the immigrant wants to work its the I-765.

No additional fees. just the filing fees and biometrics.

If they want the lawyer to review the forms, of course they pay for that.

[eau_xplain 2]

Well, they never applied for a K-1 visa, they got married in El Paso TX, wich is the border with Mexico and you don't even need a I-94 to be in what is consider "the border" but you neeed a B1/B2 wich is valid for 10 years, but since they were traveling after the border they needed a I-94 that she had from previous traveling(you suppose to return that I-94 when you return to your country, but when you live in the border and you go and ask for a new one they don't give to you if the one that you have is not expired, that's why she didn't ask for a new one).

They want to do the AOS filling the regular forms I-485, I-130, etc.

May be this lawyer is trying to make them apply filling also the I-485A ?? but since she entered the country legally this supplemental form does not apply to her situation, thats my thought, what do you guys think?

Let me know, I'm trynig to help them.

It's probable that the lawyer is thinking of the I-485A. But it does not apply to your friend's case. As raymaga and meauxna already pointed out, it's time for your friends to find another lawyer to help them.

[Killer_Clown_2009 0]

No, they do not need to pay an extra $1000.00. There is an I-485 supplement that people need to file (fee is $1000.00) if they have overstayed, but spouses of USC's are exempt from that.

[Satellite 1]

No, they do not need to pay an extra $1000.00. There is an I-485 supplement that people need to file (fee is $1000.00) if they have overstayed, but spouses of USC's are exempt from that.

This is only partially true. An I-485A is only needed for people adjusting under the life act codified under 245i in the INA. This basically concerns people who entered without inspection but had a pending I-130 filed by a certain day and were physically present in the US by a certain date. As a result they are able to avoid the usual penalty of not being able to adjust in country because they entered without inspection. So if you are such a spouse who qualifies under 245i, you are still NOT exempt from the $1,000.00 fee.

[fckquincyma 0]

Thank you all, I told my friends all your comments, anyways when they went to see the lawyer and told her and show her that they didn't need to fill the I 485A she just told them Oh, so then you don't need to fill it!

Amaizing how some of this lawyers just thtow the hook to see who bites it!

Good luck to you all and see you soon!