Filing AOS after I94 expires

[David and Marina 0]

Ok, problem now.

We can't get a medial for teh I693 until next week. My now wife's I94 expires November 27th, can we file after that expiration date or does that cause other issues?

sorry for all the questions around Thanksgiving

[YuAndDan 153]

Yes that is not a problem, many do, for various reasons, such as yours, or having to wait to get a certified marriage certificate.

[David and Marina 0]

Yes that is not a problem, many do, for various reasons, such as yours, or having to wait to get a certified marriage certificate.

So how long do we have to file after her I94 expires, and does this put any appliation for advance parole in jeaporady, OR if we move to grand cayman in January (less than 60 days after I94 expiration) does that trigger any bans?

[motu 6]

You are going to be OK. Many people file months (and a few even years) after the I-94 expires - as long as you file within a reasonable time after marriage and you got married within the 90 day period - all seems to be OK. Good Luck

[john_and_marlene 162]

Yes that is not a problem, many do, for various reasons, such as yours, or having to wait to get a certified marriage certificate.

So how long do we have to file after her I94 expires, and does this put any appliation for advance parole in jeaporady, OR if we move to grand cayman in January (less than 60 days after I94 expiration) does that trigger any bans?

What's the point of even filing for U.S. residence if you are moving to a British territory? If you make your domicile outside the U.S. you abandon permanent residence.

[David and Marina 0]

Yes that is not a problem, many do, for various reasons, such as yours, or having to wait to get a certified marriage certificate.

So how long do we have to file after her I94 expires, and does this put any appliation for advance parole in jeaporady, OR if we move to grand cayman in January (less than 60 days after I94 expiration) does that trigger any bans?

What's the point of even filing for U.S. residence if you are moving to a British territory? If you make your domicile outside the U.S. you abandon permanent residence.

Great question! That is actually our dilema.

Do we file now, or wait another month (less than 60 days after her I94 expires). I would prefer to wait, but I didn't want to trigger any bans (her being outside of her I94 expiration date).

I will know by end of year if we will be living here or living abroad. Moreover, if we stay in the states, I could be at a different job (you never know).

So the millino dollar question that I am unsure of is:

1) do we wait to know where will be and THEN file? Or will that cause problems later on if we file outside of her I94 date?

2) Do we go ahead and file, but then we might have to abondon it if we move out of the country?

3) In the end, regardless of the money, i don't want to trigger any sort of ban if she falls outside her I94 date (nov 27th, 2006). That is the biggest concern in all of this.

Has anyone here filed outside of their I94 date and had/didn't have any issues?

[john_and_marlene 162]

Yes that is not a problem, many do, for various reasons, such as yours, or having to wait to get a certified marriage certificate.

So how long do we have to file after her I94 expires, and does this put any appliation for advance parole in jeaporady, OR if we move to grand cayman in January (less than 60 days after I94 expiration) does that trigger any bans?

What's the point of even filing for U.S. residence if you are moving to a British territory? If you make your domicile outside the U.S. you abandon permanent residence.

Great question! That is actually our dilema.

Do we file now, or wait another month (less than 60 days after her I94 expires). I would prefer to wait, but I didn't want to trigger any bans (her being outside of her I94 expiration date).

I will know by end of year if we will be living here or living abroad. Moreover, if we stay in the states, I could be at a different job (you never know).

So the millino dollar question that I am unsure of is:

1) do we wait to know where will be and THEN file? Or will that cause problems later on if we file outside of her I94 date?

2) Do we go ahead and file, but then we might have to abondon it if we move out of the country?

3) In the end, regardless of the money, i don't want to trigger any sort of ban if she falls outside her I94 date (nov 27th, 2006). That is the biggest concern in all of this.

Has anyone here filed outside of their I94 date and had/didn't have any issues?

You truly do have a dilema.

Even if you file now, but end up abandoning the AOS application due to a move, the days since her I-94 expired will be considered overstay because you did not complete the AOS.

If you file later and end up completing the AOS, any overstay will be forgiven with a successful AOS.

Either way if you end up relocating outside the U.S. without completing the AOS, the overstay days will count ... even if you file before the I-94 expires.

[David and Marina 0]

_________________________________

You truly do have a dilema.

Even if you file now, but end up abandoning the AOS application due to a move, the days since her I-94 expired will be considered overstay because you did not complete the AOS.

If you file later and end up completing the AOS, any overstay will be forgiven with a successful AOS.

Either way if you end up relocating outside the U.S. without completing the AOS, the overstay days will count ... even if you file before the I-94 expires.

_________________________________

Any advice on what anyone might do?

[john_and_marlene 162]

_________________________________

You truly do have a dilema.

Even if you file now, but end up abandoning the AOS application due to a move, the days since her I-94 expired will be considered overstay because you did not complete the AOS.

If you file later and end up completing the AOS, any overstay will be forgiven with a successful AOS.

Either way if you end up relocating outside the U.S. without completing the AOS, the overstay days will count ... even if you file before the I-94 expires.

_________________________________

Any advice on what anyone might do?

Do not take a job outside the U.S. for now--it puts her in a bad spot regarding her status.

You options:

1. Complete AOS -- you won't be able to take the job.

2. Leave the country before the I-94 expires. If you then decide to stay in the U.S., you will have to start over again with a new petition.

3. File AOS and abandon and the overstay days count towards a ban (will have to be 180+ days to trigger a ban)

4. Complete AOS and then move abandoning the permanent residence. No overstay. Requires new visa to come back.

5. Complete AOS, live in the U.S. (intended purpose of the K-1 and AOS), and have no issues.