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Thunderstruck

I-94 expiring and filing for AOS

By Thunderstruck in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Thunderstruck Contributor

Thunderstruck   1

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Hello all,

My wife came in April on a K1-visa and we married earlier this month (June 8th). We just now received our marriage certificate in the mail from the State of New York and are ready to file the for her Adjustment of Status tomorrow (June 28). Her I-94 will expire on June 30th! (2 days after we mail it). Is this going to be a problem? Do we need to do something to make her "legal" until her green card processing is completed? I don't want to mess anything up after coming this far!

Thanks in advance!

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tom&tanya Collaborator

tom&tanya   48

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted

First, don't mail it. send it overnight with tracking. Make sure you get it out TODAY with all the needed documents correct.

K-1 / K-2 Timeline:
02/02/2010 - Sent I-129F
02/04/2010 - NOA1
05/06/2010 - NOA2
07/13/2010 - Consulate Interview - APPROVED
07/17/2010 - POE (JFK)

07/30/2010 - MARRIED!

AOS-EAD Timeline:
08/29/2010 - AOS-EAD sent
09/08/2010 - NOA1
09/17/2010 - Biometrics
11/06/2010 - EAD card received
11/08/2010 - AOS interview - GC's APPROVED
11/19/2010 - Green Cards Arrived

After two amazing years together....

ROC Timeline:
08/10/2012 - ROC sent
08/14/2012 - NOA1
08/27/2012 - Biometrics

05/01/2013 - ROC - APPROVED

05/06/2013 - Green Cards Arrived

Citizenship:

08/31/2013 - N-400 sent

09/04/2013 - NOA1

09/27/2013 - Biometrics

10/08/2013 - In-Line

11/13/2013 - Interview

12/13/2013 - Oath -- Now a U.S. citizen!

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sweetiepie Explorer

sweetiepie   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted (edited)

No,there is no problem as long you married within 90 days..you can file AOS..mine too at time we file our AOs my I-94 expired but there is no any problem as long you married within 90 days and you have all your documents you can file AOS..

Edited by sweetiepie
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tom&tanya Collaborator

tom&tanya   48

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted

This "legal" thing is a big topic of debate here on VJ. As far as I know, once you were married and file for AOS you are abiding by the terms of the visa and the I-94 is "overlooked" to a point. Just remember, no traveling outside the US or working until you have EAD and then GC.

K-1 / K-2 Timeline:
02/02/2010 - Sent I-129F
02/04/2010 - NOA1
05/06/2010 - NOA2
07/13/2010 - Consulate Interview - APPROVED
07/17/2010 - POE (JFK)

07/30/2010 - MARRIED!

AOS-EAD Timeline:
08/29/2010 - AOS-EAD sent
09/08/2010 - NOA1
09/17/2010 - Biometrics
11/06/2010 - EAD card received
11/08/2010 - AOS interview - GC's APPROVED
11/19/2010 - Green Cards Arrived

After two amazing years together....

ROC Timeline:
08/10/2012 - ROC sent
08/14/2012 - NOA1
08/27/2012 - Biometrics

05/01/2013 - ROC - APPROVED

05/06/2013 - Green Cards Arrived

Citizenship:

08/31/2013 - N-400 sent

09/04/2013 - NOA1

09/27/2013 - Biometrics

10/08/2013 - In-Line

11/13/2013 - Interview

12/13/2013 - Oath -- Now a U.S. citizen!

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

This "legal" thing is a big topic of debate here on VJ. As far as I know, once you were married and file for AOS you are abiding by the terms of the visa and the I-94 is "overlooked" to a point. Just remember, no traveling outside the US or working until you have EAD and then GC.

The I-94 is not "overlooked to a point". It's completely irrelevant in adjudicating the AOS. They will not deny AOS to a K1 simply because their I-94 expired. Ever.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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tom&tanya Collaborator

tom&tanya   48

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted

Jim, I agree with you. The only reason I say this is because whenever someone says it's irrelevant, there starts an argument about it. Jim, maybe you can show us in the law, USCIS manual or State Dept rules or whatever that can put this question to bed for good.

K-1 / K-2 Timeline:
02/02/2010 - Sent I-129F
02/04/2010 - NOA1
05/06/2010 - NOA2
07/13/2010 - Consulate Interview - APPROVED
07/17/2010 - POE (JFK)

07/30/2010 - MARRIED!

AOS-EAD Timeline:
08/29/2010 - AOS-EAD sent
09/08/2010 - NOA1
09/17/2010 - Biometrics
11/06/2010 - EAD card received
11/08/2010 - AOS interview - GC's APPROVED
11/19/2010 - Green Cards Arrived

After two amazing years together....

ROC Timeline:
08/10/2012 - ROC sent
08/14/2012 - NOA1
08/27/2012 - Biometrics

05/01/2013 - ROC - APPROVED

05/06/2013 - Green Cards Arrived

Citizenship:

08/31/2013 - N-400 sent

09/04/2013 - NOA1

09/27/2013 - Biometrics

10/08/2013 - In-Line

11/13/2013 - Interview

12/13/2013 - Oath -- Now a U.S. citizen!

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d&z Contributor

d&z   1

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

Hello all,

My wife came in April on a K1-visa and we married earlier this month (June 8th). We just now received our marriage certificate in the mail from the State of New York and are ready to file the for her Adjustment of Status tomorrow (June 28). Her I-94 will expire on June 30th! (2 days after we mail it). Is this going to be a problem? Do we need to do something to make her "legal" until her green card processing is completed? I don't want to mess anything up after coming this far!

Thanks in advance!

You are fine. Me and mine married within the 90 days but did not file till about 1 month or more after I-94 expired with no problems at all.

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