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Marriage based AOS application

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  • Marriage based AOS application

    My husband and I sent the forms off last week for our marriage based greencard application. He is currently in the U.S. with me and is worried because he is technically overstaying. Yesterday we received a text that our application was received and an I-797 was sent. I checked online and it still says he is passed his "Admin Until" date on his digital I-94. I also read somewhere else that he may or may no receive another I-94 before his AOS application is approved or that he may receive a paper copy and the digital one wont get updated. Another source says your immigration status doesnt change until the end but his status in the United States is "technically legal" sent we sent off our forms and they are being processed. I am beyond confused about his process and my husband is very worried about overstaying and being separated from me due to him overstaying his non-immigrant visa. Can someone please explain this process to me. Does he just have to overstay until they finally give him his green card? Does he get a new I-94 before the green card? If so when do they usually sent it?

  • #2
    Originally posted by TheGamerWife View Post
    My husband and I sent the forms off last week for our marriage based greencard application. He is currently in the U.S. with me and is worried because he is technically overstaying. Yesterday we received a text that our application was received and an I-797 was sent. I checked online and it still says he is passed his "Admin Until" date on his digital I-94. I also read somewhere else that he may or may no receive another I-94 before his AOS application is approved or that he may receive a paper copy and the digital one wont get updated. Another source says your immigration status doesnt change until the end but his status in the United States is "technically legal" sent we sent off our forms and they are being processed. I am beyond confused about his process and my husband is very worried about overstaying and being separated from me due to him overstaying his non-immigrant visa. Can someone please explain this process to me. Does he just have to overstay until they finally give him his green card? Does he get a new I-94 before the green card? If so when do they usually sent it?
    Having a pending application does not give him status, and thus will not give him an I-94, which is only for status. However, someone with a pending I-485 can stay in the US regardless of whether they have status or not (i.e. he will not be deported for being out of status).

    This is my personal opinion and is not to be construed as legal advice.

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