Applying for AOS while expiring I-94

[Ninel]

Hi everyone,

I have a question about applying for AOS with expiring I-94. I'm currently in the US on B2 visa and my I-94 expired on May 14. My husband and I sent all of the forms for AOS (I-485, I-130, I-864, I-765 and so on) on May 12 and as the USPS tracking said the USCIS got them on May 13. So they got all of the forms one day before my I-94 expires (my visa is still valid though). But I didn't get any response from them yet about that they got our package so I'm at the moment out of status.
Did I need to extend my stay as a tourist while waiting for USCIS response or their decision about my case? Or the fact that I sent all of the forms before my I-94 expires doesn't make my stay illegal now? I tried to find any information about that but couldn't find any clear answer, unfortunately. The fact that I didn't get any response from the immigration service before the last day of my valid I-94 concerns me now.

Was anybody in the same situation or may be is aware about this?

Any help would be appreciated.

[unchained]

Hence you are married to a USC and have sent in you packet. You are good. You will get words from them soon. Patience is all you need from now on.

[Ninel]

Hence you are married to a USC and have sent in you packet. You are good. You will get words from them soon. Patience is all you need from now on.

I just read on some forums that even if i'm married to a USC but have an expired I-94, I could still be potentially deported. Especially if I have some criminal history. Is this true at all?

Other people say that since I'm married to the USC and have sent all of the forms to USCIS I should be good even if my I-94 is already expired. This is what I would want to believe in.

[Tyra]

call USCIS representative asap.

Immediately call the USCIS and ask them if they receive your application. Much better your USC husband is the one to contact the USCIS bec. He is your petitioner. Mine I received their txt and email confirmation on May 8, 2015 after my husband called the USCIS and after we called them that's the time we received the e-notification after 10 days of waiting then after two days we received postal mail about my biometrics appointment.

Timeline:

April 28, 2015 === mailed my AOS.
May 8, 2015 ===> called for e-notification.
May 11, ===> Received I-797C notice of action.
May 15, ===> Received Biometrics fingerprint appointment.
Schedule May 25, 2015 from NBC.

I advice you called them and ask them your AOS esp. Your I-94 expired.


QUOTE=Ninel;402188]Hi everyone,

I have a question about applying for AOS with expiring I-94. I'm currently in the US on B2 visa and my I-94 expired on May 14. My husband and I sent all of the forms for AOS (I-485, I-130, I-864, I-765 and so on) on May 12 and as the USPS tracking said the USCIS got them on May 13. So they got all of the forms one day before my I-94 expires (my visa is still valid though). But I didn't get any response from them yet about that they got our package so I'm at the moment out of status.
Did I need to extend my stay as a tourist while waiting for USCIS response or their decision about my case? Or the fact that I sent all of the forms before my I-94 expires doesn't make my stay illegal now? I tried to find any information about that but couldn't find any clear answer, unfortunately. The fact that I didn't get any response from the immigration service before the last day of my valid I-94 concerns me now.

Was anybody in the same situation or may be is aware about this?

Any help would be appreciated.[/QUOTE]

[Yuzu]

Hi ninel,

Just wait and be patience, i got notice from USCIS at least 10 days after i send my package, dont worry

Yuzu

Hi everyone,

I have a question about applying for AOS with expiring I-94. I'm currently in the US on B2 visa and my I-94 expired on May 14. My husband and I sent all of the forms for AOS (I-485, I-130, I-864, I-765 and so on) on May 12 and as the USPS tracking said the USCIS got them on May 13. So they got all of the forms one day before my I-94 expires (my visa is still valid though). But I didn't get any response from them yet about that they got our package so I'm at the moment out of status.
Did I need to extend my stay as a tourist while waiting for USCIS response or their decision about my case? Or the fact that I sent all of the forms before my I-94 expires doesn't make my stay illegal now? I tried to find any information about that but couldn't find any clear answer, unfortunately. The fact that I didn't get any response from the immigration service before the last day of my valid I-94 concerns me now.

Was anybody in the same situation or may be is aware about this?

Any help would be appreciated.

[lavv]

Hello Ninel, I'm in the same situation as you were. Can you tell me what happened? Did you finally got the receipt from UScis?

[inadmissible]

Ninel, you are not deportable after you get your filing receipt, until your AOS is denied. The question is, will your AOS be approved or denied? Certain criminal activity will deem you inadmissible to the United States, although waivers are available in extraordinary situations. Aliens should perform such an analysis so they can make an informed choice about filing AOS. For some aliens, they would rather remain an illegal alien "under the radar" rather than face deportation proceedings following AOS denial. You still have the option of withdrawing your petition if you decide that AOS denial is inevitable.

Lavv, no two aliens are ever "in the same situation". Especially if you have committed or been accused of crimes. Start your own thread, and be verbose in providing details of your situation.