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?

Thanks

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1 Lawyer Answer
Tanvir Joshi
Tanvir Joshi
Answered
  • 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 http://www.joshilawfirm.com 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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