Apply AOS after I-94 expired, problem??

[dsd^rjp 0]

Hi all,

I need some info here. I'm currently gathering all the documents for AOS (including EAD and AP). My I-94 will be expired on May 3, 2009. My question is, would it be a problem for my AP (eg.: can't re-enter to the US) if I apply after the I-94 date expired?

I read somebody's reply to a post that is similar to mine, and they said that it could be a problem for the AP. I'm married within the 90 day since I came here and got my SSN already.

thanks for your reply:help:

[Otto 83]

For most folks - filing AOS shortly after the I-94 expires is not a problem. You do however want to file as soon as possible in order to protect your immigration status since once the I-94 expires you are technically Out of Status. Submitting the AOS will place you in a Pending Status (better than Out of Status).

As for the AP - AP is specifically for re-entering the US while you have a pending AOS.

[YuAndDan 153]

FAQ, FAQ, FAQ, the filing for AOS after I-94 expire question comes up daily, so much so it is at the top of the FAQ page.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1