QUESTION
What if our I-130 and 1-485 reach USCIS a day after my I-94 expires?
Asked on Sep 11th, 2014 on Immigration - Texas
More details to this question:
My wife came here on a tourist visa before we met earlier this year. I'm a US citizen and she entered the country legally. We got married but her I-94 will expire soon and we still haven't yet completed the paperwork. Technically, will they still accept our concurrent I-130 & I-485 applications a few days after the expiration of her I-94? Are they strict about filing it before the I-94 expires? Is there any particular disadvantage in submitting it late, even if it's only a few days? I'm worried it may cause hassles? I was wondering if we should take the risk of filing it incomplete just to meet the deadline and then just submit the rest later. Thanks.
3 ANSWERS
Bruce A. Coane
Certainly with the cases I handle, and in general, that's not a problem, as long as she stays here and doesn't exit the country.
Answered on Sep 15th, 2014 at 2:12 AM
Immigration Law Attorney serving Los Angeles, CA
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Han Law Group Immigration Attorneys
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Under the law, as long as she entered the US legally, she can file even after the I-94 has expired assuming she is otherwise eligible.
Answered on Sep 12th, 2014 at 7:21 PM
Business Immigration Attorney serving Houston, TX
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Quan Law Group, PLLC
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Time out of status is forgiven upon approval of an I-485 based on marriage to a US citizen, so a late filing is technically OK. If she overstays the I-94 by 180 days or more, she should not travel outside of the US as she will trigger a bar to reentry.
Answered on Sep 12th, 2014 at 8:57 AM