Asked in Immigration Law for Connecticut

Q: Can we submit I-130 & 1-485 after I-94 expires?

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 it 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?


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1 Lawyer Answer
Tanvir Joshi
Tanvir Joshi
  • Immigration Law Lawyer
  • Fresno, CA

A: Disclaimer: The following advice is for informational purposes only and should NOT be relied on as legal advice. No attorney-client relationship is formed through these questions and answers. Check our website to contact us and discuss your case in detail.

More facts are necessary to give you exact answer. Generally, I-130 and I-485 can still be filed even if the I-94 has been expired. Consult an attorney to discuss your case in depth.

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