Panic stricken - AOS crisis or not crisis?

[donmerlin 0]

Folks, I received conflicting information today from a friend. Up until now, I thought I was okay in terms of schedule, but now I'm worried to the point of feeling sick.

Today I was told that the AOS paperwork must be filed before the I-94 expires. I thought that the rule was that we must be married before the I-94 expired (and we were). I thought that in the least, we had until the K1 visa expired before filing the AOS paperwork. The K1 visa expires 6 months from issue date, and the I-94 expires 3 months after arriving to the US.

I read the instructions for I-485, and could not find a definitive answer to my concerns.

The bottom line is that if the friend is correct, we only have 2 days to get the AOS in the hands of Homeland Security, because the I-94 expires in two days. Does it not matter that we are married? I don't see how it's possible for us to get the AOS forms in their hands, especially since we still haven't seen a civil surgeon (we're awaiting the results of titers testing to see if my wife needs the MMR vaccination).

I would really appreciate some help here. My wife is here on a K1, and our son on a K2.

[Old Dominion 26]

It's OK. The visa is what has not expired, and that's what counts. Just don't unnecessarily postpone filing for AOS.

[payxibka 10,045]

moving to AOS forum

[Reba 2]

No, you do not have to have the AOS applications submitted before the I-94 expires. Some people have even waited several years afterward before applying. You're fine. Don't Panic.

[Gary and Alla 3,694]

It's OK. The visa is what has not expired, and that's what counts. Just don't unnecessarily postpone filing for AOS.

The visa does not expire (unless you do not arrive within 6 months of visa issue) The visa is CANCELLED upon her arrival and replaced with the I-94 which is valid for 90 days. Even if married, her permission to remain in the United States expires with the I-94, UNLESS you have filed for an adjustment of status and then her status is AOS applied for. Technically, you should file enough in advance of the I-94 expiration to have received the NOA1 to be carried along with her passport and I-94 as proof of legally being here.

Scare ya?

In practice, no one ever says anything if you are late filing the AOS so don't worry, but if you go too long you may run into some detailed questioning, maybe not. You can prepare all the papers now and only add the copies of marriage license, I-94, and vaccination supplement when she arrives. It is easier than the petition to file.

[Krikit 1,164]

I filed after the expiry date of my I-94. It's not a regulation.

[payxibka 10,045]

It's OK. The visa is what has not expired, and that's what counts. Just don't unnecessarily postpone filing for AOS.

If anything counts it is the I-94. The validity period for using the visa is meaningless.

As for filing the I-485

Sooner better than later, later better than never