Applying for I-485 with a I-94 expired.

[Eparson 0]

Hi.

I'm a permanent resident, I got it through my father and I've had it for about 2 years now.

I applied to bring my husband to the US and the I-130 was approved but my husband's I-94 will expire in 15 days so, I have some questions.

Can my husband apply for the I-485 with an expired I-94 and if so, can he stay here as the I-485 process is done? (which we know is almost 2 years).

I don't know if he should apply for an extension of his I-94 before applying for the AOS and if that's even going to work. Or if we can ask for a permission for him to stay as the approval is processed.

I would really appreciate your help. I really need to be with my husband. He has no criminal background and he has not worked here. I need him here because he has helped me a lot through my sickness and it will be horrible if he has to leave the country.

Thank you!

[kzielu 1,149]

He has to go home. He can't file I-485 unless his priority date is current and any kind of overstay will make him ineligible to apply for one. Sorry.

[arken 4,197]

Agreed. Only if his PD is 15Nov2014 or earlier date, then he can file i485.

[Unlockable 7,315]

Have him return as soon as possible. Overstays are forgiven ONLY for the spouse of US cititzens. You are not a USC. If he overstays he will be given a bar. The longer he overstays the longer the bar.

Here is an example of what you are trying to do. If he stay here for the entire spousal visa process he will have overstayed in the US over a year. He would have to complete the spousal visa process and interview in his home country. But because he overstayed over a year in the US, as soon as he leaves the US he will be given a 10 year bar preventing him to return. Then in order for you to proceed with bringing him here you will have to possible hire lawyers and file waivers and such which may or may not be granted. This will cost a lot of time and money.

If he just decides to remain here and wait he will just be an illegal that is out of status.

It is not worth it. I know being separated for that long can be a burden but it is better than the alternative. He is fortunate to have a visitor visa to come see you often, Use it.

[Eparson 0]

So if he leaves the country as soon as possible and we start the process as he is outside The United States, will he still be able to come visit me sometimes with his tourist visa as the adjustment of status is processed?

[Unlockable 7,315]

So if he leaves the country as soon as possible and we start the process as he is outside The United States, will he still be able to come visit me sometimes with his tourist visa as the adjustment of status is processed?

Absolutely.

[kzielu 1,149]

So if he leaves the country as soon as possible and we start the process as he is outside The United States, will he still be able to come visit me sometimes with his tourist visa as the adjustment of status is processed?

Yes, except it will not be adjustment of status - he is not eligible for that. What will be processed is your I-130 petition and once it is approved, it will be waiting for priority date to become current which once happens, he will complete process though consular processing. He can definitely visit during this time.

Once he overstays, he looses his tourist visa and is neither eligible to adjust status even if PD becomes current, nor he will be able to come soon for a visit if he leaves.

[newacct 688]

Did you marry before or after you became a permanent resident?

[Pitaya 2,577]

~Attempted thread hijack moved to own thread~

Pitaya

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