AOS Expired I-94

[amberlynnloves 125]

My then fiance now husband entered on a K1 visa in December. His I-94 expired on March 23, 2013. We are getting ready to send in his AOS package. I was out of work for a few months with a wrist injury so money was a little tight for a bit. But we are sending it in hopefully this coming Friday.

Because his I-94 is expired by about 63 days on Friday, is that going to be an issue? Will they deny him because of the small overstay? We got married within the 90 days allowed on the K1 visa, just didn't send in the AOS package within those 90 days.

Any issues with that? we have a simple cut and dry case otherwise. No other overstays...etc.

Thanks for your help!

[didopage 337]

No issue. If he applies for AP also, he should do it before 180 days past the I-94 expiration date. Otherwise he may not be able to use the AP. But it seems that you still have a big margin.

I would recommend applying for EAD and AP as well. It's free when filed with AOS, and those 2 applications will be approved in 2-3 months. That way, he will authorized to work and travel while his AOS is pending.

[ukcrybaby 0]

hi everyone i have a quick question regarding i94 when applying to adjust. i lost my passport 4 years ago with my i94 in it, i am married to USC and have an approved i360. can i apply to adjust without a copy of my i94? or should i send in an application to replace it before filling i485? thanks.

[Harpa Timsah 13,258]

Why do you have an approved I-360?

You need a copy of your I-94 either way. It is on you to prove to USCIS that you entered legally. You need a replacement.

Your case is different from the OPs, so in future it is better to start your own thread.

[ukcrybaby 0]

oops. sorry i will start a a new thread.