Expiring I-94

[Chica79 15]

The I 94 will expire soon.  We have not filed our 485 yet.  We are working on it and will file it next week.  What happens if the I-94 expires?  Are we in trouble?  Is he illegal?  Can he be deported?

 

[Adventine 3,196]

You will need to file the I-485 and related forms to obtain the NOA1, which will be your husband's only proof of authorized stay until he gets his green card. Use the guides on this website to help you.

 

Although the risk of getting into trouble with the law is low, it is not zero. Here is a thread about a K1 visa applicant who didn't file for AOS on time and was jailed:

 

 

[Crazy Cat 41,845]

26 minutes ago, Chica79 said:

The I 94 will expire soon.  We have not filed our 485 yet.  We are working on it and will file it next week.  What happens if the I-94 expires?  Are we in trouble?  Is he illegal?  Can he be deported?

 

As stated in the other thread, once an applicant submits a proper I-485, the applicant is granted "Authorized Stay" while the I-485 is pending.  "Authorized Stay" is not a legal status, but the I-485 applicant will not accrue unlawful presence during this time.  This article explains it pretty well, imo. 

 

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

 

Edited July 6, 2021 by Lucky Cat

[wagecuck3 31]

On 7/6/2021 at 9:19 AM, Chica79 said:

The I 94 will expire soon.  We have not filed our 485 yet.  We are working on it and will file it next week.  What happens if the I-94 expires?  Are we in trouble?  Is he illegal?  Can he be deported?

 

If the applicant has entered the US on a K-1 visa, and their I-94 has expired, then they are still eligible to file for adjustment of status, but it will require an I-130 in addition to the I-485.

 

During the period of time when the I-94 has expired, but the I-485 is not filed yet, there is a small risk that the person may be picked up by ICE. However, it is extremely unlikely for them to actually be deported, because the immigration judge will give them an opportunity to apply for adjustment of status as a form of relief against deportation. Submitting an I-485 that is incomplete or lacking required evidence is much more dangerous than filing a few weeks late to adjust from K-1 status.

 

The situation changes if the person has entered on the visa waiver program. In this case, they cannot contest removal, so overstaying is very risky. It is better to leave the US and apply for an immigrant visa or K-1 visa abroad.

Edited July 8, 2021 by wagecuck3

[KayDeeCee 4,893]

54 minutes ago, wagecuck3 said:

If the applicant has entered the US on a K-1 visa, and their I-94 has expired, then they are still eligible to file for adjustment of status, but it will require an I-130 in addition to the I-485.

 

This is incorrect. If someone enters on a K-1 and marries within the 90 days, they do not need an I-130 no matter how long it has been since their I-94 expired. They would only need the I-130 if they did not marry the petitioner within 90 days of entry with the K-1.

[wagecuck3 31]

Just now, KayDeeCee said:

This is incorrect. If someone enters on a K-1 and marries within the 90 days, they do not need an I-130 no matter how long it has been since their I-94 expired. They would only need the I-130 if they did not marry the petitioner within 90 days of entry with the K-1.

True. I got that mixed up. Thanks for the correction

[Chica79 15]

Regarding the affidavit of support.  What number do they use to judge if you make enough income?  Adjusted Gross Income?

[KayDeeCee 4,893]

6 hours ago, Chica79 said:

Regarding the affidavit of support.  What number do they use to judge if you make enough income?  Adjusted Gross Income?

Your current annual income. For example, someone that gets paid hourly would take their hourly rate and multiply that by hours worked per week, then they multiply the weekly amount by 52 weeks in order to get their current annual income. That is the amount you would enter on the form and you use a letter from employer and/or recent pay stubs to prove that is in fact your current annual income.

 

If self-employed, Total Income (not AGI), from your most recent 1040.