Can we extend I-94 expiration?

[Natashia 0]

Hi,

I have entered US via K1 visa with my son on K2 visa. We have satisfied the 90 days condition to marry already. Our I-94 will expire this December, next week. Is it possible for us to extend our I-94 since we've planned to apply for Adjustment of Status a month after the visa's expiration. Need some help. Thank you. God bless.

[Zen Den 18]

Hi,

I have entered US via K1 visa with my son on K2 visa. We have satisfied the 90 days condition to marry already. Our I-94 will expire this December, next week. Is it possible for us to extend our I-94 since we've planned to apply for Adjustment of Status a month after the visa's expiration. Need some help. Thank you. God bless.

there is no need to extend it. you can go ahead and apply for AOS with the expired i-94. the form as far as your K1 application is concerned only matters if for instance you did not marry and you decided to stay (illegaly), among other reasons.

seeing though that it's going to expire, i hope you already applied for an SSN, as this will not be possible if you do it after its expiration (you then have to wait til you get your GC)

good luck and god bless.

.

[marriedtomrg 141]

Don't worry, you can apply for AOS any time, even after your I-94 expires. You already met the requirement of a K1 visa holder, and that is to get married within 90 days of arrival in the US.

Hi,

I have entered US via K1 visa with my son on K2 visa. We have satisfied the 90 days condition to marry already. Our I-94 will expire this December, next week. Is it possible for us to extend our I-94 since we've planned to apply for Adjustment of Status a month after the visa's expiration. Need some help. Thank you. God bless.

[VanessaTony 3,567]

** moved from "K1 Process & Procedures" to "General Immigration" as this is not a qn about the K1 process (or AOS for that matter) **

Edited December 6, 2010 by Vanessa&Tony

[Natashia 0]

there is no need to extend it. you can go ahead and apply for AOS with the expired i-94. the form as far as your K1 application is concerned only matters if for instance you did not marry and you decided to stay (illegaly), among other reasons.

seeing though that it's going to expire, i hope you already applied for an SSN, as this will not be possible if you do it after its expiration (you then have to wait til you get your GC)

good luck and god bless.

.

Thanks... you're answer is really helpful for me to get better sleeps at night. I have already applied for an SSN after marriage but it's almost a month that I haven't received the card.

[Natashia 0]

Don't worry, you can apply for AOS any time, even after your I-94 expires. You already met the requirement of a K1 visa holder, and that is to get married within 90 days of arrival in the US.

Thank you. I am happy to hear that. Would there be no issues or problem if I submit the expired I-94 in the AOS application?

[marriedtomrg 141]

Nope.

Thank you. I am happy to hear that. Would there be no issues or problem if I submit the expired I-94 in the AOS application?

[Brother Hesekiel 2,236]

The U.S. is full of idiots, and one idiot who's working for the US Government simply assumed everybody who entered the US with a K-1 and got married within the allowed 90-day time frame would file for AOS as quickly as possible anyway, so they actually "forgot" to enter a date by which AOS would have to be filed. Sounds crazy? Sure does. Welcome to America!

The worst that can happen is that if you file after the I-94 is expired, they will request an I-130 petition which is what every non-K-1 who files for AOS would have to submit as well, but it's not very likely.

In English: don't waste any time trying to extend the I-94.

[JimVaPhuong 4,863]

The U.S. is full of idiots, and one idiot who's working for the US Government simply assumed everybody who entered the US with a K-1 and got married within the allowed 90-day time frame would file for AOS as quickly as possible anyway, so they actually "forgot" to enter a date by which AOS would have to be filed. Sounds crazy? Sure does. Welcome to America!

Perhaps.

I suspect that Congress intentionally did not impose a time limit for AOS for K1's, though. It would cause a conflict with INA 245(c ). If they said you had to submit the AOS within X days of entering with a K1 then people who didn't file under the wire would simply send an I-130 with their AOS petition because 245(c ) makes them eligible, and prevents USCIS from using the overstay against them.

Indirectly, Congress imposed a 2 year limit on AOS for K1's with INA 245(d), which only permits K1's to adjust to conditional permanent resident under INA 216. However, K1's who aren't eligible to adjust based on the K1 because of 245(d) can still adjust under 245(c ) by sending an I-130.

The US is certainly full of idiots, though. They make their presence known every two years on November 2nd.

[pookaphilus 12]

there is no need to extend it. you can go ahead and apply for AOS with the expired i-94. the form as far as your K1 application is concerned only matters if for instance you did not marry and you decided to stay (illegaly), among other reasons.

seeing though that it's going to expire, i hope you already applied for an SSN, as this will not be possible if you do it after its expiration (you then have to wait til you get your GC)

good luck and god bless.

.

an advice..if you don't need any SS# for any documents at the meantime,just apply whenever you have your greencard or EAD card so that you can have your married name with your husband's surname on the card...it differs in every state but here in Cali, they didn't allow me to use my husband's last name even if I showed them our marriage certificate, the officer said, I need to adjust status first then I can just come to apply...as for us,I applied for SSN card coz my husband needs my SS# for him to be able to add me on his health insurance and bank account...but they just issued me a SSN card with my maiden name..I will just have to file for a change of name when I have my GC...God bless!! :thumbs:

[Married2009 32]

an advice..if you don't need any SS# for any documents at the meantime,just apply whenever you have your greencard or EAD card so that you can have your married name with your husband's surname on the card...it differs in every state but here in Cali, they didn't allow me to use my husband's last name even if I showed them our marriage certificate, the officer said, I need to adjust status first then I can just come to apply...as for us,I applied for SSN card coz my husband needs my SS# for him to be able to add me on his health insurance and bank account...but they just issued me a SSN card with my maiden name..I will just have to file for a change of name when I have my GC...God bless!! :thumbs:

They will need her social security number for income tax purposes if her husband was going to file married filing jointly.

[marriedtomrg 141]

If she doesn't have a SSN yet, they will need to file an ITIN with the husband's return so they can file jointly.

They will need her social security number for income tax purposes if her husband was going to file married filing jointly.

Indeed. Those last political ads they showed here in Florida were nauseating, to say the least.

Perhaps.

I suspect that Congress intentionally did not impose a time limit for AOS for K1's, though. It would cause a conflict with INA 245(c ). If they said you had to submit the AOS within X days of entering with a K1 then people who didn't file under the wire would simply send an I-130 with their AOS petition because 245(c ) makes them eligible, and prevents USCIS from using the overstay against them.

Indirectly, Congress imposed a 2 year limit on AOS for K1's with INA 245(d), which only permits K1's to adjust to conditional permanent resident under INA 216. However, K1's who aren't eligible to adjust based on the K1 because of 245(d) can still adjust under 245(c ) by sending an I-130.

The US is certainly full of idiots, though. They make their presence known every two years on November 2nd.

[Gary and Alla 3,694]

Hi,

I have entered US via K1 visa with my son on K2 visa. We have satisfied the 90 days condition to marry already. Our I-94 will expire this December, next week. Is it possible for us to extend our I-94 since we've planned to apply for Adjustment of Status a month after the visa's expiration. Need some help. Thank you. God bless.

No need to extend anything. Just file when you are ready to and do so ASAP, there is actually no "deadline" for filing AOS

[Gary and Alla 3,694]

The U.S. is full of idiots, and one idiot who's working for the US Government simply assumed everybody who entered the US with a K-1 and got married within the allowed 90-day time frame would file for AOS as quickly as possible anyway, so they actually "forgot" to enter a date by which AOS would have to be filed. Sounds crazy? Sure does. Welcome to America!

The worst that can happen is that if you file after the I-94 is expired, they will request an I-130 petition which is what every non-K-1 who files for AOS would have to submit as well, but it's not very likely.

In English: don't waste any time trying to extend the I-94.

Except for the last sentence, everything else is incorrect. There is plenty to be sarcastic about in life without making things up. If you wish to show how the US is full of idiots then give examples of real idiots. Your scenario is preposterous given the laws that DO exist, it is clear no one "forgot" anything. Jeezum.

Jim's answer is spot on. Worst case will be that you have to file an I-130 but that is some time down the road. DO NOT leave the country until you have an AP or greencard, you will not be able to return without filing for a CR-1.