filing of EAD with expired I-94

[marizzacdo 4]

Hello,

Does anyone here have any idea if is it possible to file EAD even if the I-94 is expired already? I arrived here in US last August 2008, got married in Sept. 2008. WE havent filed our AOS coz we can't afford it yet. We just decided to file EAD first then AOS to follow. But my concern is, my I-94 is already expired. Does anyone here have the same status before? If anyone have any idea about this matter, i would be very happy to hear from you.

Thanks. God bless

[Bobby+Umit 161]

Hello,

Does anyone here have any idea if is it possible to file EAD even if the I-94 is expired already? I arrived here in US last August 2008, got married in Sept. 2008. WE havent filed our AOS coz we can't afford it yet. We just decided to file EAD first then AOS to follow. But my concern is, my I-94 is already expired. Does anyone here have the same status before? If anyone have any idea about this matter, i would be very happy to hear from you.

Thanks. God bless

Your wife is currently out of status. This usually won't cause a problem with filing (there are some cases here), but if your wife is picked up by ICE, it could be a problem.

I would not file for the EAD then later to do the AOS. It will cost you more money.

The EAD is free if sent with the AOS.

I would recommend to send both right now. Beg, borrow, sell stuff to get the fee's.

Edited March 6, 2009 by Bobby_Umit

[Otto 83]

Since the I-94 is expired - you can now only file EAD in conjunction with AOS (must now be based on a pending AOS).

[Bobby+Umit 161]

Hello,

Does anyone here have any idea if is it possible to file EAD even if the I-94 is expired already? I arrived here in US last August 2008, got married in Sept. 2008. WE havent filed our AOS coz we can't afford it yet. We just decided to file EAD first then AOS to follow. But my concern is, my I-94 is already expired. Does anyone here have the same status before? If anyone have any idea about this matter, i would be very happy to hear from you.

Thanks. God bless

You are currently out of status. This usually won't cause a problem with filing (there are some cases here), but if your wife is picked up by ICE, it could be problems.

I would not file for the EAD then later to do the AOS. It will cost you more money.

The EAD is free if sent with the AOS.

I would recommend to send both right now. Beg, borrow, sell stuff to get the fee's.

(This is from the K-1 flowchart:)

you should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status.

Edited March 6, 2009 by Bobby_Umit

[marizzacdo 4]

thanks for all your response i really appreciate it. I finally able to talked to a USCIS representative and he said, we have to file the AOS first.

thanks again. God bless