Expired I-94

[kitty rahman 0]

Hello Guys !!!!! I really need help. Do you think will be a big problem to apply for AOS after the I-94 of my husband expired, we are already married, we did it after 1 month he arrived. Do you know somebody with the same situation????

[ScottThuy 140]

it all depends on how long you wait.. anything after the I94 expires is considered overstay.. if you overstay the visa by too long, you run the risk of serious issues.... keep in mind that there are bans associated with long overstays... as long as you are not talking about several months... you should not have much of a problem... file for AOS ASAP to avoid problems...

[British_Cupcake 1]

it all depends on how long you wait.. anything after the I94 expires is considered overstay.. if you overstay the visa by too long, you run the risk of serious issues.... keep in mind that there are bans associated with long overstays... as long as you are not talking about several months... you should not have much of a problem... file for AOS ASAP to avoid problems...

i thought you have to do it before it expires?

[Lona.C. 16]

there is no timelimit to file AOS you can file anytime even if the I94 is expired ,

the 90 day timelimit was to get married not for AOS

but keep in mind once the i94 expires you are ( not concidert overstay ) but out of status until you file AOS

you will be back in status once you filed AOS and recieved the first NOA ,

so the sooner you file the better

[Otto 83]

There are plenty of folks who have filed AOS after their I-94 expired and didn't have issues - there's no reason to believe you would either. The sooner you file, the better.

When do you plan on filing?

** Moving to "Adjustment of Status (Green Card) from Family Based Visas"

[Lona.C. 16]

it all depends on how long you wait.. anything after the I94 expires is considered overstay.. if you overstay the visa by too long, you run the risk of serious issues.... keep in mind that there are bans associated with long overstays... as long as you are not talking about several months... you should not have much of a problem... file for AOS ASAP to avoid problems...

i belive the i 94 your talking about is the visitor waver ( green one ) yes you can face a ban if the visitor waver I 94 is overstayed ,

but its differant with the K1 , i 94 ( wich is white in color ) this is a one time entry I 94 with expiration date of 90 days ,

the 90 days is to get married has nothing to do with AOS

[Anh map 2,098]

Many people file after the 90 days.

Once the I-94 expires you are accumulating out of status days. Don't travel outside the US or near to the inland border control stations.

Filing for AOS protects your spouse's status while the adjustment is being processed.

[ScottThuy 140]

i belive the i 94 your talking about is the visitor waver ( green one ) yes you can face a ban if the visitor waver I 94 is overstayed ,

but its differant with the K1 , i 94 ( wich is white in color ) this is a one time entry I 94 with expiration date of 90 days ,

the 90 days is to get married has nothing to do with AOS

the visa is good for 90 days and anything after that is overstay until they file for AOS... It does not matter green or white.. overstay is overstay... if they wait too long to file AOS they run the risk of a ban... if someone entered the country on a K-1 married in time, but failed to file AOS for a couple of years.. they would have more than a hurdle to overcome.. it would be more like pole vaulting at that point...

there is only 1 I-94... the beneficiary completed the I-94 form prior to POE and the I-94 was 'issued' at the time of entry into the country..

[Lona.C. 16]

thats the first time i hear that someone can get banned for not filling AOS once the i 94 is expired

[ScottThuy 140]

thats the first time i hear that someone can get banned for not filling AOS once the i 94 is expired

most have sense enough to file AOS before they overstay that long... a year + of overstay is a big deal to DHS nowadays.. they reported today that there are some 4million + visa holders currently in ovestay staus in the US. I suspect some of these are K visa holders that either didnt understand the entire process or dont have the $ needed...