I been doing some researching, but I can never find a straight answer, and I need to know this as soon as I can. This is what happened. I am a USC, and I just got married in July. We finally got everything we need to file I485. My wife heard that we need to make an appointment to speak to an immigration officer, and so she did it on infopass. Here is where the problem came up. She picked the wrong option and picked immigration officer instead of the DORA program. We went to to the appointment today to speak to immigration officer only to find out that we were at the wrong place and we need to make another appointment for DORA. Her I-94 is going to expire this Friday. Can I still file I-485 even after the I-94 is expired or should I go ahead and send in the I-485 through next day mail to INS so at least they have the record that we are applying?? Please help!!! I am desparate at this point...
I been doing some researching, but I can never find a straight answer, and I need to know this as soon as I can. This is what happened. I am a USC, and I just got married in July. We finally got everything we need to file I485. My wife heard that we need to make an appointment to speak to an immigration officer, and so she did it on infopass. Here is where the problem came up. She picked the wrong option and picked immigration officer instead of the DORA program. We went to to the appointment today to speak to immigration officer only to find out that we were at the wrong place and we need to make another appointment for DORA. Her I-94 is going to expire this Friday. Can I still file I-485 even after the I-94 is expired or should I go ahead and send in the I-485 through next day mail to INS so at least they have the record that we are applying?? Please help!!! I am desparate at this point...
You can make the appointment and go for the interview after the I94 expires. Even though she may incur some overstay, it is usually forgiven for spouses of USC. Just make sure that she does not travel out of the US until she receives the GC, even if she has AP - if the overstay is long, she may risk not being allowed back.
The DORA process is so fast - I think it would be worth it to go that way.
Just make sure that she does not travel out of the US until she receives the GC, even if she has AP - if the overstay is long, she may risk not being allowed back. If the overstay is less than 180 days, she cannot be denied admission on that basis. If it is 180 days or more, the 3-year bar kicks in and she cannot be admitted at all.
If the overstay is less than 180 days, she cannot be denied admission on that basis. If it is 180 days or more, the 3-year bar kicks in and she cannot be admitted at all. Absolutely correct - I should have specified the overstay time for the OP. I do not know how long it takes them to get an interview. I am tired --- it has been a long day.
DORA Program and I94 Expiring Help!!!