Expiration Date of Authorized Stay Shown on Form I-94

[Ferrero 13]

Hello everyone,

 

We are about to send out our AOS but had a quick question. So on Form I-485 there's a section that states "Expiration Date of Authorized Stay Shown on Form I-94" but when we look at my wife's I-94 it shows an "Admit Until Date" and not really a "how long can she stay in the US" kind of date. Is this the same thing? 

 

The "Admit Until Date" on her I-94 expired in December of 2019 and if this is the date that we need to put, does that have any complications? Since we did fulfill the 90 day marriage and will be sending it out a month later after that date but not sure if having that date will cause an issue to a USCIS agent.

 

Thank you!

[payxibka 10,045]

11 minutes ago, Ferrero said:

Hello everyone,

 

We are about to send out our AOS but had a quick question. So on Form I-485 there's a section that states "Expiration Date of Authorized Stay Shown on Form I-94" but when we look at my wife's I-94 it shows an "Admit Until Date" and not really a "how long can she stay in the US" kind of date. Is this the same thing? 

 

The "Admit Until Date" on her I-94 expired in December of 2019 and if this is the date that we need to put, does that have any complications? Since we did fulfill the 90 day marriage and will be sending it out a month later after that date but not sure if having that date will cause an issue to a USCIS agent.

 

Thank you!

Admit unti date = authorized stay 

 

File AOS as soon as you can,  no added complications because of the expiry for the i485 filing 

[Sweetdreaming 397]

Yes the admit until date is the date that she was legally entitled to stay (90 days) in the US per her K1 visa, during which she should (and did) get married. Since that date she has been out of status, and officially is staying unauthorized. This could *potentially* get her in problems if this continues without applyng for AOS if for instance she got stopped by law enforcement.

However, it wont affect anything for your AOS petition, itll be processed as normal, ideally you want the NOA1 receipt from that ASAP to avoid any potential complications as its a receipt to show that shes in the process of applying AOS and is therefore allowed to remain in the US.

So basically get your AOS application in ASAP to avoid any potential issues !

[Crazy Cat 41,894]

19 minutes ago, Ferrero said:

Since we did fulfill the 90 day marriage and will be sending it out a month later after that date but not sure if having that date will cause an issue to a USCIS agent.

It will not cause a problem with the I-485.  However, since that "admit until" date, she has been out of status.....and , technically, she can be deported.  Once she files the I-485, she will be granted "authorized stay" until the I-485 is adjudicated.