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saj102965

Can a person still apply for AOS after I-94 expires

By saj102965 in Adjustment of Status from Work, Student, & Tourist Visas

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saj102965 Enthusiast

saj102965   1

Posted
Filed: AOS (pnd) Country: South Africa
 Timeline
Posted

I have a friend who is married and will be applying for AOS but they cannot do it until a few days after his I-94 expires - Is that going to cause a problem of any sort for these people or will everything be okay.

I think the I-94 expires on 11/5/13 and they can't file until 11/30/13.

Thanks everyone.

Timeline:

9-18-2010 - Sent AOS to Chicago lockbox

9-20-2010 - Package arrived confirmation USPS

9-24-2010 - Received txt message and email for I-797

9-27-2010 - Received NOA1 for I-131, I-130, I-765 and I-485

9-27-2010 - Checks cashed

10-4-2010 - Received biometric appt. (10-28-10)

10-15-2010 - Touched

10-20-2010 - RFE Notice Sent via email on I-485 (Bummer)

10-25-2010 - Recevied RFE

10-26-2010 - Send evidence

10-27-2010 - Evidenced signed for in response to RFE

10-28-2010 - Appear for Biometrics

10-28-2010 - I-765 & I-485 touched

10-29-2010 - I-765 & I-485 touched again

11-1-10 - rec.email regarding continued processing of I-485

11-12-2010 - Received call from congresswoman's office stating they were contacting USCIS to expedite EAD

11-15-210 - Received call from congresswoman's office confirming request to expedite approved and EAD will be adjudicated in 7 business days and should received card 10 days after that. Also the I-485 has been moved to the next step to schedule interview too. Yeah - so happy!!!

11-19-2010 - Received email AP approved and EAD card in production.

11-19-2010 - Received interview letter - appt scheduled on 12-21-2010. :)

11-22-2010 - Received AP in mail

11-26-2010 - Received EAD in mail (Went on 11-29-10 for job interview and start on 12-6-10)

12-21-2010 - Went on Interview and was APPROVED!!!

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mtcmk1 Community Regular

mtcmk1   37

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

Yes. They will have no problem applying for AOS.

Is this a K1 visa case?

To see a more detailed journey schedule, please see the About Me page and my Timeline.

Our K1 Process

June 7, 2012 -- Sent I-129F to June 9, 2013 -- Religious & Civil Wedding Ceremony in CT

FROM I-129f NOA1 to VISA APPROVAL: Exactly 8 months! No RFEs

Our AOS Process

July 16, 2013 -- Mailed AOS, EAD, and AP Paperwork to December 21, 2013 -- Received GC Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 4 months 27 days! No Interview or RFEs.

Our ROC Process

September 21, 2015 -- Mailed ROC Paperwork to August 6, 2016 -- Received Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 10 months 10 days! No Interview or RFEs.

Our {His} N-400 Process

Eligible to Apply for Citizenship on September 14, 2016.

October 4, 2016 -- Mailed N-400 Paperwork.

November 8, 2016 -- Completed Biometrics.

May 6, 2017 -- Received Interview Letter in the Mail.

June 8, 2017 -- Interview Passed!

June 16, 2017 -- Oath Ceremony! He is a USC!!

FROM Application to CITIZENSHIP: Exactly 8 months 13 days! No RFEs.

== I am the Petitioner/Sponsor/Citizen Spouse ==

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  • 1 month later...
Ighaepero Enthusiast

Ighaepero   2

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted

I'm going to piggyback on this one.

My fiancee entered the U.S. on a K1 on 12/6 and we're getting married next week. Will we have any complications if we apply for AOS a few weeks later? As long as we file AOS before the I-94 expires on 3/5 we will have no problems, correct?

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mtcmk1 Community Regular

mtcmk1   37

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

I'm going to piggyback on this one.

My fiancee entered the U.S. on a K1 on 12/6 and we're getting married next week. Will we have any complications if we apply for AOS a few weeks later? As long as we file AOS before the I-94 expires on 3/5 we will have no problems, correct?

You will be fine. Good luck!

To see a more detailed journey schedule, please see the About Me page and my Timeline.

Our K1 Process

June 7, 2012 -- Sent I-129F to June 9, 2013 -- Religious & Civil Wedding Ceremony in CT

FROM I-129f NOA1 to VISA APPROVAL: Exactly 8 months! No RFEs

Our AOS Process

July 16, 2013 -- Mailed AOS, EAD, and AP Paperwork to December 21, 2013 -- Received GC Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 4 months 27 days! No Interview or RFEs.

Our ROC Process

September 21, 2015 -- Mailed ROC Paperwork to August 6, 2016 -- Received Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 10 months 10 days! No Interview or RFEs.

Our {His} N-400 Process

Eligible to Apply for Citizenship on September 14, 2016.

October 4, 2016 -- Mailed N-400 Paperwork.

November 8, 2016 -- Completed Biometrics.

May 6, 2017 -- Received Interview Letter in the Mail.

June 8, 2017 -- Interview Passed!

June 16, 2017 -- Oath Ceremony! He is a USC!!

FROM Application to CITIZENSHIP: Exactly 8 months 13 days! No RFEs.

== I am the Petitioner/Sponsor/Citizen Spouse ==

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Teddy B Grand Master

Teddy B   17,252

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

I'm going to piggyback on this one.

My fiancee entered the U.S. on a K1 on 12/6 and we're getting married next week. Will we have any complications if we apply for AOS a few weeks later? As long as we file AOS before the I-94 expires on 3/5 we will have no problems, correct?

On a K1 you have 90 days from POE to get married, you can file for AOS at anytime after that, but it is recommended you do it sooner than later. I-94 is irrelevant for AOS.

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