Legal Question in Immigration Law in New York

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 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?

Thank you


Asked on 9/11/14, 2:55 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Since your wife had a legal entry & you are a U.S. citizen, it does not matter when the adjustment of status package is filed. Even if she is out of status at the time of filing, USCIS will still accept the case with no problem. The only caveat is that she cannot travel outside the country on advance parole if she accrues 180 days or more of illegal presence. No hassles; no risk (other than she might accrue a few days of illegal presence & could theoretically be put in Removal Proceedings if she gets arrested).

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Answered on 9/12/14, 1:47 pm


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