What to do about an I-94 expiry date?

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What to do about an I-94 expiry date?

My current husband entered with a K-1 visa to the US we got married on the 18th of this month and his I-94 was authorized until the 30th but we entered the US about 2 1/2 months ago. We were wondering if we got married within the 90 day period time frame but USCIS won’t receive his adjustment status until the 30th the same day he would be out-of-status with DOHS, would the I-94 expiry date still be applicable? Would he be required to leave the US or is this not a problem since the prerequisite was to marry before the 90 days ran out?

Asked on January 27, 2012 under Immigration Law, Alaska

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

Hello. You must marry and file the Adjustment of Status prior to the I-94 expiring. If the USCIS received the I-485 package on the 90th day, you should be OK. If you file after the 90th day, he can still process, but will be considered overstaying during that period. If it is a day or 2, he will not have any problems.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As long as you get married within the 90 day authorization period of his I-94, it does not matter when you actually submit the AOS packet.  He will be ok since he is filing the AOS on the basis of marriage to a US citizen.  It does not have to be FILED before the I-94 expiration date; you just need to get married before then.


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