a o s has to wait until after i-94 runs out, problem??

[MissusM09 1]

we are waiting on some money to do a o s, is this a problem if I file after my i- 94 has expired. sure this answer has been asked before, just would like some clarification.

Much appreciated.

Mrs M

[Old Dominion 26]

Most people try to apply as soon as they are eligible. Your presence here will be illegal after the I-94 expires. Any delay will reduce chances of getting the green card without an interview.

[Kathryn41 3,205]

The only problem is that the foreign partner's legal status in the US expires when the I-94 expires and he/she is then at risk for deportation. Will that happen? Unlikely, unless something happens to bring the individual to USCIS' attention, still, it puts the non-US partner at risk. Getting the money for AOS needs to be one of the highest financial priorities for a couple. The K-1 only provides permission for the non-US partner to come to the US to get married and apply for AOS. The I-485 requests permission for the K-1 recipient to remain legally in the US after they are married to their petitioner.

As long as you have good evidence of mingling your financial and personal lives together it may be sufficient evidence to avoid getting an interview even if you do apply when out of status.

[Willow2009 0]

It was today that I was reading form I-485 instuctions and on pg. 10, top right corner there is a mention of remaining in the US beyond the period of authorized stay " for more than 180 days before you applied for adjustment of status".

So my understading from reading that is that one has 6 months after the visa/ i-94 expires to apply for AOS.

[TBoneTX 45,273]

So my understading from reading that is that one has 6 months after the visa/ i-94 expires to apply for AOS.

Avoid courting problems. Kathryn is 100% correct when she says that budgeting the funds for AOS needs to be a couple's highest priority. And it's not USCIS that becomes the big concern -- it's Customs & Border Protection (CBP). Anyone who is out of status should not venture anywhere within a 100-mile radius of the U.S.'s borders, particularly with Mexico! In fact, avoid all Federal agents like the plague until you have filed for AOS.

[MissusM09 1]

So my understading from reading that is that one has 6 months after the visa/ i-94 expires to apply for AOS.

Avoid courting problems. Kathryn is 100% correct when she says that budgeting the funds for AOS needs to be a couple's highest priority. And it's not USCIS that becomes the big concern -- it's Customs & Border Protection (CBP). Anyone who is out of status should not venture anywhere within a 100-mile radius of the U.S.'s borders, particularly with Mexico! In fact, avoid all Federal agents like the plague until you have filed for AOS.

point taken