Overstay on I94 - Can we apply for I485 AOS with expired I94

[chioparis 15]

Hi Folks -

I have filled out all the required forms and gathered the information for my mom in law AOS I485 and I130 applications (USC son is petioning her). I was going over the instructions for both forms when I stumbled upon this paragraph in i485 instructions... It seems as though if her i94 is expired, she is not eligible, does someone know if this is true? Or maybe they are talking about something else such as the actual visa B1/B2 expired.

I was sure on my research I had stumbled on something that said even if her i94 is expired she can still apply for AOS and it would be approved. Please help. Thanks in advance

"Who is Not Eligible to Adjust Status?

Your authorized stay expired before you filed this application';

Edited March 18, 2016 by chioparis

[newacct 688]

Yes, she is eligible. She is in the Immediate Relative category (spouse, under-21 child, or parent of US citizen) and does not need to be in status to apply for AOS.

[chioparis 15]

Yes, she is eligible. She is in the Immediate Relative category (spouse, under-21 child, or parent of US citizen) and does not need to be in status to apply for AOS.

Thank you, if you dont mind, initially I thought I needed a filled out G325A for my husband and a passport picture of him but upon further review of the instructions in the i130 these items are only required when the petition is for a spouse, do you know if these are needed for mother? Many thanks in advance

https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

[newacct 688]

Thank you, if you dont mind, initially I thought I needed a filled out G325A for my husband and a passport picture of him but upon further review of the instructions in the i130 these items are only required when the petition is for a spouse, do you know if these are needed for mother? Many thanks in advance

https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

There is no G-325A or photo needed of him. The I-485 will require a G-325A and 2 photos for his mother.

[chioparis 15]

There is no G-325A or photo needed of him. The I-485 will require a G-325A and 2 photos for his mother.

Ok I got those ready for her, thanks for helping me out. Im sorry, just one last question, I am really thankful for the help you are giving me. Ive spent days/nights researching this info, and I have everything filled out, ive done all my work but there are some things I just have not been able to confirm/find.

In the I485 instructions it says to provide a "copy of passport page with nonimmigrant visa" if she has obtained the nonimmigrant visa from a US consulate within the last year, submit a photocopy of the page of your passport containing the visa.

She received her B1/B2 visa and mexican passport in May 2014, If I am understanding correctly I should not send a copy of these items, or should I send them just to be extra cautious?

[newacct 688]

Ok I got those ready for her, thanks for helping me out. Im sorry, just one last question, I am really thankful for the help you are giving me. Ive spent days/nights researching this info, and I have everything filled out, ive done all my work but there are some things I just have not been able to confirm/find.

In the I485 instructions it says to provide a "copy of passport page with nonimmigrant visa" if she has obtained the nonimmigrant visa from a US consulate within the last year, submit a photocopy of the page of your passport containing the visa.

She received her B1/B2 visa and mexican passport in May 2014, If I am understanding correctly I should not send a copy of these items, or should I send them just to be extra cautious?

It doesn't hurt to include it; it's just one page. More important to include is a copy of the I-94, proving legal entry.

[chioparis 15]

It doesn't hurt to include it; it's just one page. More important to include is a copy of the I-94, proving legal entry.

Thank you! I will do that, it's been a lot of work but with your help along with other people in these forums we have been able to save about $900 on Lawyer fees. Thank you again!

[phd1974 17]

You can do so ... my wife's I-94 expired months before I even filed for her Adjustment of Status and we got approved.

[chioparis 15]

You can do so ... my wife's I-94 expired months before I even filed for her Adjustment of Status and we got approved.

Thank you, it gives me some peace of mind!

[NikLR 13,232]

~~moved to AOS from work, tourist, and student visas from bringing family members of USC to America. Topic is about AOS not a visa process~~