Expired i-94 for AOS? (K2 Visa)

[heyitskaye 0]

I came here on k2 visa and my i-94 is about to expire. We are kinda financially down right now so I want to know if can i still file my Adjustment Of Status if my i-94 is expires? My mom has her green card already. Im kinda worried

[Umka36 781]

Yes, but you need to do it prior to your 21 birthday.

Special Considerations When Seeking Adjustment of Status as a K-2

The Section 101(b)(1) of the Immigration and Nationality Act defines a "child" as "an unmarried person under twenty-one years of age." Generally, a K-2 can seek adjustment of status as the minor child of a K-1. Therefore, if the K-2 adjusts status based on the K-1's adjustment, then the K-2 can only adjust status prior to his or her 21st birthday. Several recent developments may impact a K-2s ability to seek adjustment beyond the age of 21.

If you should attain the age of 21 years while your Form I-485 is pending, you may be covered under the Child Status Protection Act of 2002 (CSPA) (see information below).

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD

This thread should be moved over to the AOS family based forum.

Edited September 4, 2013 by Umka36

[heyitskaye 0]

Yes, but you need to do it prior to your 21 birthday.

Special Considerations When Seeking Adjustment of Status as a K-2

The Section 101(b)(1) of the Immigration and Nationality Act defines a "child" as "an unmarried person under twenty-one years of age." Generally, a K-2 can seek adjustment of status as the minor child of a K-1. Therefore, if the K-2 adjusts status based on the K-1's adjustment, then the K-2 can only adjust status prior to his or her 21st birthday. Several recent developments may impact a K-2s ability to seek adjustment beyond the age of 21.

If you should attain the age of 21 years while your Form I-485 is pending, you may be covered under the Child Status Protection Act of 2002 (CSPA) (see information below).

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD

This thread should be moved over to the AOS family based forum.

But what about my i-94? If i send an expired i-94 along with the other required papers, will they still approve even if its expired?

[h13rma 35]

The I94 is really only to prove legal entry into the US.

[Dave&Roza 748]

But what about my i-94? If i send an expired i-94 along with the other required papers, will they still approve even if its expired?

As stated above, the only requirement is that you file before your 21st birthday. If that is tomorrow than you need to file now. If it is 10 years from now, you have between now and your 21st birthday. The I-94 is not an issue except that once it expires you are now in a period of over-stay. This will only be an issue should you go near one of the borders and happen upon a CBP check point and they ask for proof you are here in the US legally. You have none and can be detained and brought before an immigration judge who will tell you to file for AOS and may even give you a deadline to do so. This is not an experience I would want to go thru so I would file your AOS as soon as you can. The sooner you file, the sooner you become a LPR and the sooner you can file, if you wish, for citizenship.

Good luck,

Dave