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I have an AOS initial interview on March 8th. My i-94 expires Feb-8-13. My K-1 visa expires April 10-13. Is there a problem?

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I have an AOS initial interview on March 8th. My i-94 expires Feb-8-13. My K-1 visa expires April 10-13. Will I have an issue with my I-94 expiring prior to the initial AOS interview?

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Best Answer

Based on the information you provided, you submitted your I-485 application for adjustment of status before your I-94 expired. When you submit a properly completed I-485 prior to the expiration of your authorized stay in the United States, then while you are waiting for USCIS to make a decision on your I-485 application, you do not accumulate unlawful presence in the United States, even after the expiration of your I-94. So, the fact that your I-94 expired before your I-485 interview will not cause you problems. Good luck with the interview.

You should consider consulting with an experienced immigration attorney before the interview, in order to have the best chance of success.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.



Thank you for your reply. It was very explicit.

Michael Hugh Carlin

Michael Hugh Carlin


You are most welcome.


No problems.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


You should be fine as long as you married your fiancee. FYI, the I-94 expiration date is controlling once you are in the U.S. You need the visa only for purposes of applying for admission at the port of entry. Fiancees are given only 90 days within which to marry, hence, the brief validity of the I-94.

Madrid Crost Law Group - (888) 466-4478; e-mail:; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site:


I agree with my colleagues.


Talk to an immigration attorney to go over what the interview will be like, what to expect, and the types of questions the officer may ask you. The interview can be stressful so get there early to deal with traffic and parking. If your interview is in downtown LA, you can also take the rail into Union Station and walk to the CIS to avoid driving. Best wishes.

(626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.

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