i-94 "expired"

[Araki 0]

Hey guys!
I really need your help please!
I am having a problem with my AOS, I came to america on a k-1 visa, and got married with plenty of time to spare. We filed for AOS in December (got married late November) but the post office clearly had a problem, since our AOS envelope was returned to us ripped and empty. Everything went missing including the cashiers check, and the post office was most unhelpful. 
90 days later we have been able to get the money back from our lost cashiers check, and I am trying to file AOS again, only to find that the date on my  i-94 is long gone, and I was not really aware that it might be important. After a call to the USCIS, they said I would be okay and just Out of Status.
So my question really is, am I still okay to file AOS? and if so, do i use the regular K-1 AOS package or do we need to file with the i-130 form as well? Do i have any actual overstay ? 

Any information would be so helpful as I'm getting my knickers in a twist!

Thanks, Ella

[Roel 7,193]

Just file normal AOS packet and you'll be fine. Yes after your i94 expired you started acquiring overstay but it doesn't matter in your case. 

[fordguy61mi 76]

I just filed for AOS a few days ago and we got married back in November. Just got wiped out financially by Christmas and other things and just now got the money to file. Everything I read said it was no big deal if I-94 had expired. Yes, my wife is out of status but you're legally able to stay while awaiting a green card on a K1 visa. It's a good idea to keep your passport along with your AOS NOA1 and a copy of your marriage certificate with you close by in the very unlikely event immigration asks you for identification. The K1 visa page in your passport along with the marriage license and AOS NOA1 should be enough to convince an I.O. you are here legally.

Edited March 21, 2018 by fordguy61mi

[Araki 0]

Great! Thank you both so much, really appreciate it !