different dates on passport stamp and I 94

[demortuomari 0]

hi my fiance received a passport stamp with 30 day validity till November 15. the I 94 however shows that she can remain in the United States until January 14th 2014. Whay will be wrong after nov 14? we have already received SSN we got married and files for AOS. We are wainting for noa1 for I-485.

Should we worry ?

Pwel

[Brit Abroad 166]

Did your fiancee (now wife) present her sealed envelope at CBP? If so, she used her single use fiancee visa and the I-94 simply proves that she was cleared into the US.

If you have since married within the 90 days of arrival, and submitted your AoS paperwork the date on the I-94 is irrelevant anyway, as she is not subject to that entry condition any longer. It would've been relevant had you not gone on to get married and she decided to take a break in the US before returning to Poland. Not all fiance/e visas end in marriage.

While you are theoretically "out of status" the law allows for you to be in a transient state while moving from fiancee to spouse. As soon as your NoA arrives you can stop worrying.

[Dave&Roza 748]

While you are theoretically "out of status" the law allows for you to be in a transient state while moving from fiancee to spouse. As soon as your NoA arrives you can stop worrying.

The OP is NOT out of status as the I-94 has not yet expired. Also, the OP filed for AOS placing them in a state of authorized stay once they receive the NOA1. The OP has nothing to worry about as the NOA1 will arrive before the I-94 expires in January--if not then the USCIS is really behind.

Dave

[demortuomari 0]

Thank you for your prompt answer.

Is there a deadline for filing AoS after getting married?

What sets the deadline (if any), is it the stamp in the passport or is it the i-94 expiration date.

There must be something to limit people's ability to remain in the interim status before getting the green card.

[Dave&Roza 748]

Thank you for your prompt answer.

Is there a deadline for filing AoS after getting married?

What sets the deadline (if any), is it the stamp in the passport or is it the i-94 expiration date.

There must be something to limit people's ability to remain in the interim status before getting the green card.

There is not time limit to file the AOS. Once the I-94 expires the period of authorized legal stay is up and you begin accumulating out-of-status time. Without the advance parole (AP) or Employment Authorization (EAD) or the GC, you cannot re-enter the US or work. You are not a LPR and thus are not accruing time towards becoming a USC. You can be detained by the CBP should you run accross a check point near one of the borders. Not a very pleasant life I would think. What motivates people to file for AOS without a deadline is so they can become a LPR and begin the process towards citizenship. This question has been asked and asked and asked here on VJ because most people do not realize that the AOS fee is $1070 and they are not ready to pay that much, so they have to wait. Then they panic and ask if there is a time limit to file for AOS. The only time limit the K-1 visaholder has is to get married within 90 days or before the I-94 expires. After that there is no requirement to file for AOS.

Dave

Edited November 1, 2013 by Dave&Roza