Expiring I-94 and waiting for adjustment of status

[PetersBride 0]

Hi Everyone, I apologize if this question is elsewhere. I did look to see if it was already posted...

My husband's I-94 has an expiry date of mid September. We were married 10 days after he arrived in June and filed paperwork about one week after we married, at the beginning of July. Can my husband stay in this country even if the fiance visa has expired? This is the only document aside from his EAD that has a date on it. We plan to call USCIS on the next business day, but I am hoping that one of you knowledgeable folks can help clarify things for us. Many thanks.

[payxibka 10,045]

not a K-1 visa issue... moving to AOS forum

[KarenCee 3]

Hi Everyone, I apologize if this question is elsewhere. I did look to see if it was already posted...

My husband's I-94 has an expiry date of mid September. We were married 10 days after he arrived in June and filed paperwork about one week after we married, at the beginning of July. Can my husband stay in this country even if the fiance visa has expired? This is the only document aside from his EAD that has a date on it. We plan to call USCIS on the next business day, but I am hoping that one of you knowledgeable folks can help clarify things for us. Many thanks.

By virtue of marrying WITHIN the 90 days alloted on the K-1 visa you and your husband have fulfilled the terms of the visa. A K-1 is a one time entry...it becomes invalid upon entry which that occured the moment your husband (fiance at the time) entered the US at whatever POE and activated it. Filing for AOS is what allows your husband to stay here. So at this point it's a waiting game with AOS. Maybe another quick read here would help ease your mind. What reason would you need to call the USCIS?

[Old Dominion 26]

The EAD and the NOA1 are evidence that he is here legally.

[PetersBride 0]

Hi Everyone, I apologize if this question is elsewhere. I did look to see if it was already posted...

My husband's I-94 has an expiry date of mid September. We were married 10 days after he arrived in June and filed paperwork about one week after we married, at the beginning of July. Can my husband stay in this country even if the fiance visa has expired? This is the only document aside from his EAD that has a date on it. We plan to call USCIS on the next business day, but I am hoping that one of you knowledgeable folks can help clarify things for us. Many thanks.

Hi Folks,

Thanks so much for responding. My husband was getting worried and since my head is already spinning with back to work stuff, I wasn't clear on what the process is during this lag time. You've all healped to clarify the process and calm concerns. Thanks again!

[baron555 934]

Hi Everyone, I apologize if this question is elsewhere. I did look to see if it was already posted...

My husband's I-94 has an expiry date of mid September. We were married 10 days after he arrived in June and filed paperwork about one week after we married, at the beginning of July. Can my husband stay in this country even if the fiance visa has expired? This is the only document aside from his EAD that has a date on it. We plan to call USCIS on the next business day, but I am hoping that one of you knowledgeable folks can help clarify things for us. Many thanks.

Yes this is normal. Once you get the NOA1 for the AOS filing, that serves as the unofficial temporary authorization. He can't leave until the AP or GC are in hand but you are fine.

[PetersBride 0]

Hi! Thanks so much for your response! We appreciate it!

Hi Everyone, I apologize if this question is elsewhere. I did look to see if it was already posted...

My husband's I-94 has an expiry date of mid September. We were married 10 days after he arrived in June and filed paperwork about one week after we married, at the beginning of July. Can my husband stay in this country even if the fiance visa has expired? This is the only document aside from his EAD that has a date on it. We plan to call USCIS on the next business day, but I am hoping that one of you knowledgeable folks can help clarify things for us. Many thanks.

Yes this is normal. Once you get the NOA1 for the AOS filing, that serves as the unofficial temporary authorization. He can't leave until the AP or GC are in hand but you are fine.

[TBoneTX 45,319]

His current status is "applicant for Adjustment," or, more concisely, "Adjustment applicant." For your peace of mind in the meantime, have him carry a copy of his NOA1 (for the AOS) with him, wherever he goes.