Should I File Adjustment of Status Before My I-94 Expires?

Should I File Adjustment of Status Before My I-94 Expires?


(upbeat music) – Is it highly recommended
to apply for the AOS before the I-94 expires? It’s kind of a situational thing. I mean, you’re saying
before the I-94 expires, but you don’t say how you’ve
entered the United States. You have an I-94, so you have an entry record, so you’re here. So I can assume that
much from the question. Certainly, a significant number
of people are applying after the I-94 date has passed. In fact, I would probably guess most, simply because typically
it’s only a 90 day stay and it takes longer than
that to ever get through any immigration process, really. So, it’s quite common
that people are applying after their I-94, their exit date. So that’s common. That, in itself, is not a problem. Now is it eight years after
your (laughs) exit date? Even that is not always a problem. We’ve seen people come, in fact, it’s very common, people come on a tourist visa, five, six years later
they marry a US citizen and now they want to do
an adjustment status. They usually sail right through. So, speaking normally, in normal circumstances, it’s absolutely not a
problem if it’s expired. But your specific question is, should you apply before it’s expired? The answer really comes down to what kind of petition you’re on. If you came on a K-1 visa, yeah, absolutely. As soon as you’re ready, go ahead and apply. There’s not a strict deadline. It says, when you need to apply
after entering on a K-1. But you’re gonna be stuck here, you’re not gonna be able to
travel or work until you do. So, we would recommend
you do it right away. (upbeat music) – If you found this video useful, it would mean a lot to us if
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2 Comments

  • Stephanie Erina González Torres

    February 7, 2019

    Hypothetical question.. On a K1-visa, after the I-94 expires will it be possible to submit an AOS case lets say.. one year later?. Will it be a weaker case (as in hard to be approved) compared to one filed before the expiration date?, thanks.

    Reply
  • Esteban ambriz

    August 30, 2019

    My fiance came on a K-1 visa and we married BEFORE the 90 days. We sent the AOS one month before her I-94 expires. The expiration day is now arriving can she still stay here while we wait for USCIS response or will that be a problem?

    Reply

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