AOS and I-94 Date, Filing

[David and Marina 0]

Ok, here is the situation. My now wife (married on November 15, 2006) and I are going to be filing AOS.

Her I-94 date (end date) is November 27th.

Does AOS need to reach Chicago BEFORE Nov 27th, or do we just need to have it SENT off by November 27th?

OR (i think i read this somewhere) does it need to be filed within 90 days of the expiration date of her I-94.

Thanks.

[David and Marina 0]

*bump*

Trying to figure this one out, as we haven't had medial interview 693 yet completed..only a few days left.

[Keigwyn 1]

You had to get married within the 90 days of arrrival (I-94 validity)

You can file at your leisure, to Chicago, but if I remember correctly you should file within 180 days of the the I-94 expiring.

[David and Marina 0]

You had to get married within the 90 days of arrrival (I-94 validity)

You can file at your leisure, to Chicago, but if I remember correctly you should file within 180 days of the the I-94 expiring.

I assume your I-94, within 90 days was meant if she came on a K1 visa. She came on a visitors visa, therefore, that wouldn't apply correct?

Also, do you recall where you saw the 180 days, I know I have seen it but can't recall where. Thanks.

[Killer_Clown_2009 0]

I don't think that you will find any hard and fast rule on this (although there may be).

You should send in the AOS as soon as possible if she intends to stay here in the US.

Edited November 20, 2006 by jane2005

[___ 0]

You should make every effort to file as soon as possible to protect your legal status. Form I-485 instructions state that you're not eligible for adjustment of status if your authorized stay expired before you filed the AOS application.

[Killer_Clown_2009 0]

I think that the 180 days you are talking about refers to this:

Foreign nationals who overstay the period of authorized admission, as notated on the Form I-94 Arrival-Departure Record, for more than 6 months or more than one year may be subject to bars to admission to the United States of three or ten years, respectively. Overstays of as little as one day may trigger visa cancellation provisions, which would require the foreign national to return to his or her home country to apply for a new visa, except in very limited cases.

So if someone has overstayed their visa by 180 days or more and is married to a US citizen and wanting to adjust status, they should not leave the country until the green card is issued, otherwise they may not be eligible to return.

[Killer_Clown_2009 0]

There are some exceptions to filing an I-485 with an overstay and one of them is the following:

Exceptions to the bar to adjustment of status include:

Marriage to a U.S. Citizen; Parent of a U.S. Citizen; Child under 21 of U.S. Citizen if the individual entered the United States in most Non-Immigrant Visa categories

So she can apply to adjust her status even if her I-94 has expired, however for obvious reasons, it's best to complete and send in your immigration forms ASAP.

Edited November 20, 2006 by jane2005

[David and Marina 0]

There are some exceptions to filing an I-485 with an overstay and one of them is the following:

Exceptions to the bar to adjustment of status include:

Marriage to a U.S. Citizen; Parent of a U.S. Citizen; Child under 21 of U.S. Citizen if the individual entered the United States in most Non-Immigrant Visa categories

So she can apply to adjust her status even if her I-94 has expired, however for obvious reasons, it's best to complete and send in your immigration forms ASAP.

Yes, I think we will try and file ASAP. However, this is the dilema. I may have a job offer from Grand Cayman (her country) that I may take. So I dont' want to file and then withdraw as I see that causing problems later on (5 years if we decide to move back for example). However, I do not want her out of status either, so therein lies the dilema.

We file, and then move, we have to withdraw (and we get to go through this process all overagain). So my preference would be to not file until I know for sure (a month or so), but then she is past her I-94 stay and I don't want that to trigger any ban's on her if we come to visit the US at any point in the future.

Any helpful advice to either wait the month or just file and take the chance we might have to withdraw? Thank you all again, this, unfortunately is just happening all within this month (Her expiring I94 (Nov 27), and a possiblity for us (as a couple) to move to the Cayman Islands.

Wait or not wait....any advice/thoughts/prayers are helpful