I-94 Date - expired but not really...

[Dotary 0]

Hello all. I looked around for an answer before this post but can't find the same situation. We purchased a round-trip ticket for my then-fiancee to come to the US because it was actually cheaper than a one-way. Obviously no intention of using the return trip but Customs used that date as the expiration on her I-94: 12/20/07. She entered 11/22/07 so the true expiration date should be roughly 2/22/08.

We've married and I'm getting everything ready to submit AOS, EAD, AP. It's just a little concerning everything asks for I-94 expiration date. According to I-485 directions you can't even apply if I-94 is expired. Planning on attaching a sheet explaining.

What do you guys think? Is there a way to fix this before applying? Is my wife currently "out-of-status"?

Edited December 29, 2007 by Dotary

[LaL 418]

if the I-94 expired on 12/20/07 (regardless of when you think it *should* have expired) and you married on 12/27/07, you did not meet the requirements to adjust based on the K1 - you now have to file the I485 and i130 concurrently.

Others know much more about this process than I do, so others will expound and/or correct information I have posted.

ETA: applying for AOS after expiration of the I-94 isn't much of a big deal, the recommendation to apply for AOS is "as soon as you can" as there is no deadline. Your sticking point was marrying after the expiration.

Edited December 29, 2007 by LaL

[stinger157 0]

The true expiration date is what is on the I-94, not what you think it should be.

Since your fiancee came over on a K-1 Visa you guys should be fine. She did come over on a K-1 or did she use any other visa type?

[raymaga 25]

My understanding is that, as long as you married within 90 days of entry into the U.S. with a K-1 Visa, you should be fine.

You can apply for AOS/EAD/AP after marriage, but expiry of the I-94 is of no concern.

I would attach an explanation that the I-94 expired sooner than it should have. You could always schedule an Infopass appointment at your local USCIS office to ask, if you wish.

I think you'll be fine to send off your AOS applications as soon as you have them ready.

Good luck.

[LaL 418]

Since your fiancee came over on a K-1 Visa you guys should be fine.

They are *not* fine if they did in fact marry after the expiration (which is according to their signature). They will have an extra step now.

Edited December 29, 2007 by LaL

[Liebi 0]

It says: Upon arrival in the US the K1 visa holder must marry the petitioner within 90 days.

She fulfilled that requirement and can easily prove it:

The visa was issued on Nov. 8th., she came to the US on Nov. 22nd. and I assume has an entry stamp in her passport (and on the I-94) showing/proving it.

The visa wasn't even issued 90 days ago - so how can anybody assume the wrong expiration date on the I-94 is actually correct?

The entry stamp and the valid K1 (being issued in early Nov.) in the passport should be enough to prove to USCIS that they made a mistake at the POE by putting the date of the return flight on the I-94.

I came here with a roundtrip ticket too (cause it was a hell of a lot cheaper than purchasing a one-way ticket) and never faced that problem. All the times I visited the US before I came on K1 they never put the date of my return flight on it, always the date 90 days after my entry date.

I would go ahead, file for AOS with I-485 and submit an explanation letter along with some extra copies of passport, I-94 with entry stamp, roundtrip reservation and highlight all the dates etc. to clearly show they simply put the wrong expiration date on the I-94.

[Ngoc-Anh 1]

I had a round-trip-ticket too because it was cheaper and I never used the return ticket.

So it should not matter. Nobody really cares if you are going to use the return trip or not!

No worry!! You are fine

[Rebecca Jo 1,962]

The I94 is incorrect. Have it corrected before filing.

http://www.us-immigration-attorney.com/visa-i94.htm

[Dotary 0]

The I94 is incorrect. Have it corrected before filing.

http://www.us-immigration-attorney.com/visa-i94.htm

That's exactly what I was looking for. I was planning on attaching an explanation, but a corrected I-94 was my real hope. Thank you so much.

[Rebecca Jo 1,962]

The I94 is incorrect. Have it corrected before filing.

http://www.us-immigration-attorney.com/visa-i94.htm

That's exactly what I was looking for. I was planning on attaching an explanation, but a corrected I-94 was my real hope. Thank you so much.

You're welcome.