K-1 immigrant (married within 90 days) filing AOS after I-94 expired. Need clarification on how to answer certain questions on I-485.

[Eucalyptus 0]

Background: I'm a US citizen. My wife immigrated to the US via K-1 visa in August 2024 and we got married within the required 90 days. My wife had a medical emergency that resulted in surgery and a lengthy recovery time, so we did not file adjustment of status before her I-94 expired in October 2024. I understand that as my spouse, she is considered an Immediate Relative so overstaying her I-94 will not be held against her when filing AOS. Still, I want to make sure we accurately fill out Form I-485. These are the questions I need clarification on:

Part 1, Question 14: What is your current immigration status (if it has changed since your last arrival)?

• We answered: "K-1 Visa Holder/Expired I-94".
Is this acceptable? I've searched this forum and have also seen suggestions of "No Status" or "Out of Status" or "Expired K-1". We feel like "K-1 Visa Holder/Expired I-94" does a better job of telling the whole story, for what that's worth. I saw a comment (I think on Reddit) where someone claimed they left this part blank and still got their green card, but that seems ill-advised to me.

Part 9, Question 13: Have you EVER violated the terms or conditions of your nonimmigrant status?

• We answered: "Yes".
Is this correct? I assume she violated the terms of her I-94 by remaining in the US after the expiration date. Other threads on this forum and Reddit mostly agreed, though I saw some people claim they answered "No" and still got their green card.

Part 9, Question 76: Since April 1, 1997, have you been unlawfully present in the United States? You were unlawfully present in the United States if you were present in the United States after the expiration of the period of stay authorized by the Department of Homeland Security (DHS) Secretary or were present in the United States without being admitted or paroled.

• We answered: "Yes".
Is this correct? This is the one we're the most stuck on, because it appears to be a newly-worded question in the latest edition of Form I-485. I assume this is basically the same as Question 13 above; she has overstayed her I-94 and is therefore now unlawfully present in the US. It's scary to answer "Yes" to a question that's essentially asking if my wife is breaking the law, but we will provide an explanation in Part 14. I've seen comments that claim an explanation isn't necessary since the penalty is waived for Immediate Relatives, but we still want to give one.

 

I apologize for being the thousandth person to post a thread along these lines. I've scoured this forum and Reddit and other sites but haven't found definitive enough answers to feel comfortable filling out I-485. Thank you for taking the time to read this.

[hplusj 146]

2 hours ago, Eucalyptus said:

Part 1, Question 14: What is your current immigration status (if it has changed since your last arrival)?

Your wife's immigration status has not changed as she arrived on a non-immigrant visa and remains a non-immigrant.  Personally, I would leave it blank.

 

2 hours ago, Eucalyptus said:

Part 9, Question 13: Have you EVER violated the terms or conditions of your nonimmigrant status?

Part 9, Question 76: Since April 1, 1997, have you been unlawfully present in the United States? You were unlawfully present in the United States if you were present in the United States after the expiration of the period of stay authorized by the Department of Homeland Security (DHS) Secretary or were present in the United States without being admitted or paroled.

 

Neither of these are applicable.  Although many law firms state that you have to file with a valid I-94, I scoured the USCIS website for filing instructions that highlight this.  I did not find any (but am happy to see proof otherwise, if it exists).  What I did find, was that marriage has to take place within 90 days:

 

 

Of course it reduces complications if your I-94 is still valid, but I would try to treat the process as normal as possible.  Any additional evidence you would like to share to explain the lapse in filing, you can reference on the final pages of the I-485 and provide additional statements and medical records, if it brings peace of mind.

 

But if I were you then no, I would not seek to emphasize violation when USCIS doesn't highlight the particulars of your situation as one.  Just be thorough, and fit supporting evidence into the flow of the form.

Edited 1 hour ago by hplusj