Filled I485 & Expiration date on I-94

[Annakha530]

Dear Sir/Madam,

I came to the USA under the status of K1 Fiance on December 29, 2010. I got married within 90 days and I am in the process to file AOS I-485. I am not sure how long does it take to get The USCIS to approve my status from K1 to a green card holder. My concern is the expiration date on my I94 will be expired on March 24, 2011. I am only allowed to stay in the US for 90 days. What I should do if my I94 is expired while my I485 of my AOS is not approved yet or still pending? should I apply for an extension on my I94 or write to USCIS? Please advise.

Thank you for all your help

Sincerely,
Anna

[Annakha530]

I485 & I94 expiration date

Dear Sir/Madam,

I came to the USA under the status of K1 Fiance on December 29, 2010. I got married within 90 days and I am in the process to file AOS I-485. I am not sure how long does it take to get The USCIS to approve my status from K1 to a green card holder. My concern is the expiration date on my I94 will be expired on March 24, 2011.

1) I am only allowed to stay in the US for 90 days. What I should do if my I94 is expired while my I485 of my AOS is not approved yet or still pending? should I apply for an extension on my I94 or write to USCIS?

2) Do I need to file an I-131 for Advance parole at the same time I file for I-485 since I don't know or intend to leave the US until I get approve to get green card?

Please advise.

Thank you for all your help

Sincerely,
Anna

Please advise me. I just add an other question above. Thank you.

[nichole]

You've met the requirements of your visa--to marry within 90 days. If you DID NOT marry, then you would be expected to leave before 90 days. So you are okay.

AOS can take 5-6 months but you are allowed to stay legally, even past 90 days, while you wait on approval of your greencard. You don't have to extend the I-94. In fact a K1 can't extend the I-94. You can go get a Social Security card now if you do it before the last 2 weeks of your I-94. Apply in your maiden name because that's how they will find you listed by immigration. You can change it to your married name later. Apply for AOS in your new married name.

Apply for the I-131 in case you have an emergency and need to leave the US before you get the greencard. Also apply for work authorization. Both are free if you send them with AOS. You will get those in about 60-90 days. After you get the work card, you are allowed to get a job. Then you just wait a few more months to get the greencard.

[Annakha530]

Dear Nichole,

Thank you for your promptly advises.

God Bless You.

Anna