I-94 about to expire

[Nicoco 26]

We have not filed AOS yet. Our I-94 expires on March 14th. The fastest I can do is get it sent out in one or two weeks from today. Are we going to miss it and have to file for I-130? I heard the filing fee for that is $420..... help??

[Enigma11561 336]

The I94 is good for 90 days. You are supposed to get married within that time. If you are married then the I94 is no longer needed. You can file for the AOS anytime but most folks do it as soon as possible. If you are not married, then you better get going ! ( can't tell from your timeline)

[BobGee 5]

K-1 visa is only for 90 days. If you don't get married within this time frame, you have to go back to your country of origin.

The I94 is good for 90 days. You are supposed to get married within that time. If you are married then the I94 is no longer needed. You can file for the AOS anytime but most folks do it as soon as possible. If you are not married, then you better get going ! ( can't tell from your timeline)

[SF2007 48]

Doesn't matter. Your K1 was void upon entry of the U.S. Save the I-94 for a potential AOS interview.

I assume you were indeed married within the 90 days period and are now gathering documents for your AOS. You can file AOS whenever you want. But as most will tell you, the sooner the better. You can't leave the U.S. before you receive your EAD/AP combo card or Green Card without abandoning your status. Things are also easier if you obtained your SSN before the last 14 days on your I-94. It is then easier to open bank joint accounts, get your name on utility bills and get your driver's license and such.

[Ning 619]

We have not filed AOS yet. Our I-94 expires on March 14th. The fastest I can do is get it sent out in one or two weeks from today. Are we going to miss it and have to file for I-130? I heard the filing fee for that is $420..... help??

Nick just relax. You have been married for several months now. You should file the AOS docs before his medical is one year old to avoid needing to do that again.

The other advantage to filing the AOS asap is it will result in his green card which allows him to work along with the other things it brings to both of you.

[jaycali 415]

As others have said, there isn't really a deadline, but the sooner you get it done, the sooner he can get work, travel etc. Until then, he's pretty much stuck.

I understand the filing fee is high, but it'll seem small once he gets work authorization and can start working too!

Also, like a previous poster said, do it before his medical expires since that would only add money and more time to the process.

On top of that. I just think it's generally a good idea to get everything out of the way as soon you can. You still have to remove conditions after 2 years too and want to begin planning that soon. Overall, The sooner you get things done, the sooner this painstakingly slow visa journey ends

Good luck! If you file asap he should be able to work in about 90 days!

Edited February 27, 2012 by jhsm85

[Enigma11561 336]

K-1 visa is only for 90 days. If you don't get married within this time frame, you have to go back to your country of origin.

To be clear. A K1 visa is good for 6 months. It is for a one way, one time, entry to the US. As soon as you pass immigration is it is expired/void. It is replaced with the I94 which expires in 90 days.If you are married within the 90 period, then your marriage takes the place of the I94 which is now invalid.

[KayDeeCee 4,893]

To be clear. A K1 visa is good for 6 months. It is for a one way, one time, entry to the US. As soon as you pass immigration is it is expired/void. It is replaced with the I94 which expires in 90 days.If you are married within the 90 period, then your marriage takes the place of the I94 which is now invalid.

Yes, the only requirement is to get married within the 90 days, but the I-94 does not become invalid because you marry. You will still begin to accrue overstay days as soon as it expires, married or not. It is possible(not likely, but still a possibility) to be detained by ICE if your I-94 is expired, married or not. However, since you are eligible to file for AOS, you will most likely just be told by the judge to file for AOS immediately before being released. Filing for AOS places you in an authorized period of stay, which stops the clock on your overstay days accumulating. Once your AOS is approved and you receive your green card, the overstay does not matter any longer.

This is also why someone that has not filed for AOS 180 days or longer after their I-94 expired should not send in the form for AP. If they received AP and left the country, the automatic ban for overstay would trigger. So, they should not leave until they have their green card.

Edited March 1, 2012 by Jay-Kay

[S_R 148]

Its no biggie but do not allow your medicals expire before you file...

[Enigma11561 336]

Yes, the only requirement is to get married within the 90 days, but the I-94 does not become invalid because you marry. You will still begin to accrue overstay days as soon as it expires, married or not. It is possible(not likely, but still a possibility) to be detained by ICE if your I-94 is expired, married or not. However, since you are eligible to file for AOS, you will most likely just be told by the judge to file for AOS immediately before being released. Filing for AOS places you in an authorized period of stay, which stops the clock on your overstay days accumulating. Once your AOS is approved and you receive your green card, the overstay does not matter any longer.

This is also why someone that has not filed for AOS 180 days or longer after their I-94 expired should not send in the form for AP. If they received AP and left the country, the automatic ban for overstay would trigger. So, they should not leave until they have their green card.

I disagree with this. See http://travel.state.gov/visa/temp/info/info_1298.html

The I94 HAS an expiration date.Coming in on a K1 visa this I94 is given to the immigrant and is good for 90 days. At 90 days you need to be married or leave the country. After 90 days it is expired. If you marry the USC, even though you are technically " out of status" the fact that you are married to the USC allows you to adjust status (AOS) to a LPR. There is no specific time limit to do this, but most do it fairly quickly after marriage.

[KayDeeCee 4,893]

I disagree with this. See http://travel.state.gov/visa/temp/info/info_1298.html

The I94 HAS an expiration date.Coming in on a K1 visa this I94 is given to the immigrant and is good for 90 days. At 90 days you need to be married or leave the country. After 90 days it is expired. If you marry the USC, even though you are technically " out of status" the fact that you are married to the USC allows you to adjust status (AOS) to a LPR. There is no specific time limit to do this, but most do it fairly quickly after marriage.

I know there is no deadline to file for AOS. I never stated otherwise. I was disagreeing that the I-94 becomes invalid because you marry within the 90 days. Getting married within the 90 days makes you eligible to file for AOS, but it does not stop you from being out of status and accruing overstay time once your I-94 expires. ICE can detain you if your I-94 is expired and you have not filed for AOS yet. The fact that you married within the 90 day window doesn't protect you from being out of status when your I-94 expires. Therefore, I disagree that the I-94 becomes invalid once you marry.