Is it possible to get an extension of the I-94?

[Bill and Juliana 0]

My Wife entered the U.S. on Nov. 15, 2012, and we got married on December 6 (within 90 days,

as the K-1 visa requires). She has an I-94 that is due to expire on Feb. 13 (90 days after

entry into U.S.)

The Question: Is it possible to extend the term of the I-94?

I have some extra expenses in January, and would prefer not to have to pay the I-485 and

Biometrics fees until later, if possible.

[Storm24 2]

No you can't extend it that how much time the IO gave her in the US. If she over stay she will be illegal

[Operator 1,927]

Out of status time is generally forgiven for spouses of US citizens. Do it within 180 days of her I-94 expiration.

[JohnR! 5,495]

My Wife entered the U.S. on Nov. 15, 2012, and we got married on December 6 (within 90 days,

as the K-1 visa requires). She has an I-94 that is due to expire on Feb. 13 (90 days after

entry into U.S.)

The Question: Is it possible to extend the term of the I-94?

I have some extra expenses in January, and would prefer not to have to pay the I-485 and

Biometrics fees until later, if possible.

Bill, an 'expired' I-94 issued for a K-1 entry is somewhat of a grey area, but one that is in your favor.

The only requisite is that you marry within 90 days and in that you are fine. There is no deadline for your wife to apply for AOS so despite her I-94 being expired and her being out of status is not something over which you should lose sleep. Having said that, it is in her best interest - and yours - that she starts her AOS as soon as possible so that she can get her green card and start working - if that is in the plans and adjust to her life in the US.

In essence you need not despair, but do not be complacent either.

Congrats and good luck!

[Bill and Juliana 0]

Thank you for the replies. I appreciate the VJ community very much!

We will apply for the AOS next month (Feb).

Edited January 10, 2013 by Bill and Juliana

[pieroot 43]

I thought that as long as you guys got married, the i-94 doesn't matter and some couples have waited way past that expiration date to file for AOS and were still okay.