Legal Question in Immigration Law in California

I am on a tourist visa getting married to an American citizen, my I-94 form expires in December and we want to get married in February and then file the papers. Is it ok for me to overstay or I should get married within the dates on I-94 form?


Asked on 7/13/10, 2:57 pm

3 Answers from Attorneys

ATYRIA CLARK ATYRIA S. CLARK & ASSOCIATES, ALC

It is best for you to get married and file your applications as soon as possible before your I-94 expires. However, you have 6 months after the date your I-94 expires before you begin to accrue unlawful presence that would subject you to a 3 or 10 year bar to coming back to the US.

If you would like more details, please email me at [email protected] or call 213-290-1742.

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Answered on 7/13/10, 6:04 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

You will start violating status after I-94 expiration. Therefore, you should marry prior to I-94 expiration and, moreover, all sponsorship paperwork such as petition for alien relative (to be signed by the U.S. citizen spouse), adjustment of status application and employment authorization and advance parole document applications (to be signed by the immigrant spouse), etc. should be filed concurrently prior to I-94 expiration.

You can call our law firm during business hours at 212-268-3580 or email [email protected] for additional guidance.

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Answered on 7/13/10, 6:19 pm
Michael Cho Law Offices of Michael Cho

I would recommend not having your I-94 expire although it is possible to file for the adjustment even after the I-94 has expired.

You may find detailed information about my services here:

http://www.msclaw.com/Green_Card_for_Spouse/Why_Choose_MSCandAssociates.html

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Answered on 7/14/10, 9:18 am


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