AOS related question

[cmfp1993 9]

So after we get married (within the 90 days of course) are we required to file for AOS within I-94 expiration date? Will I be considered an unlawful resident if I don't? Also can i travel inside the US if my I-94 expires?

 

Thanks in advance, guys  

[geowrian 22,338]

24 minutes ago, cmfp1993 said:

So after we get married (within the 90 days of course) are we required to file for AOS within I-94 expiration date?

No. You can file at any point afterwards. Or not at all (so as long as you leave the US before the 90 days).

 

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Will I be considered an unlawful resident if I don't?

You would be considered unlawfully present just like anybody else that overstays a visa, and therefore subject to deportation (the likelihood of it happening is low, but not 0).

Unlawful presence is not a bar for AOS purposes, though.

Once you do file for AOS, unlawful presence will no longer accrue and you will be granted authorized stay while the case is pending.

 

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Also can i travel inside the US if my I-94 expires?

If you file for AOS, sure.

If not, probably...no guarantees that you won't run into somebody checking imigraiton status (i.e. border checkpoints, CBP working alongside TSA sometimes, etc.).

Edited February 11, 2019 by geowrian