AOS Filing

[Knel112011 5]

We got married last 11/09/2017. I'm planning to file AOS on January 2018. But my i-94 is Valid until 01/03/2018 only. My question is, is it okay to file On january even though my I-94 is expired?  

[Andsco 89]

You should apply for AOS asap as if you wait to be out of status, you might have problems. 

[audacieux89 256]

I don't think that will be a problem. You will be out of status for a couple of days or weeks but you can still file your AOS after your I94 expires.

 

Some relevant threads:

 

 

[nightingalejules 678]

You got married within the 90 days, so you're fine even if you have some overstay (the overstay is forgiven once AOS is filed) - as long as you don't try to leave the country before you have permission to do so (Advance Parole or Green Card). 

Of course you can't work or get a driver's license until you have gotten the appropriate documentation and technically you'll be out of status between the end of the I-94 and the NOA on your AOS, but the likelihood of getting in trouble (for most people) is pretty minimal.

[geowrian 22,337]

You can file for AOS after the 90 days no issue (so long as you married before the 90 days). The overstay is ignored as the spouse of a USC.

 

I would not encourage waiting beyond the 90 days as you would be (albeit briefly) out of status. Try to get it in before the 90 days. But if you can't, it's no big deal and won't hurt your AOS application.