Important 1-864 and AOS questions.

[Alyssa Marie 0]

So we're finally getting around to sending out out AOS, and I have a few questions/concerns before I do so.

First, his I-94 expired 3 months ago, but we got married about 2/3 weeks before it expired. I know it says to submit a copy of his VALID I-94, will it effect our process because it's expired? Or does it not matter since we got married before it expired?

Second question is about the affidavit of support. Question 1, you have to check a box. I don't make enough because I'm a full time college student working 2 part time jobs(one of which I'm in training for so I have no paystubs yet) so my mom is going to fill out a form also. Which box do I check and which does she check?

a. [_] I am the Petitioner. I filed or am filing for the immigration of my relative.

or

e. I am the [_] first [_] second of two joint sponsors.

I'm thinking A, because on every example form that one is checked, but I think E too because of my mother sponsoring him also.

Someone help! D:

[Moomin 292]

Overstay is usually forgiven when being the spouse of a US citizen. Valid can also refer to simply showing that your husband was inspected when entering the US. Sometimes it's tough to decifer exactly what they're saying.

You're the primary sponsor filing for a relative - A.

Your joint sponsor is D, "only joint sponsor" as far as I know.

[KayDeeCee 4,893]

No, it will not affect your AOS process because the I-94 is expired. There is no deadline to file for AOS. You only had to be married within 90 days of entering with the K-1 to be eligible to file for AOS, so you are fine.

You are the petitioner. You will check a. Your mother is the only joint sponsor, so she checks d. on her form.

[TBoneTX 45,313]

*** Thread moved from K-1 Process to general AOS forum (family-based) -- OP is at this stage. ***