What if our I-130 and 1-485 reach USCIS a day after my I-94 expires? 5 Answers as of September 15, 2014

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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Coane and Associates
Coane and Associates | Bruce Coane
Certainly with the cases I handle, and in general, that's not a problem, as long as she stays here and doesn't exit the country.
Answer Applies to: Texas
Replied: 9/15/2014
HAN LAW GROUP, Immigration Attorneys
HAN LAW GROUP, Immigration Attorneys | Susan S. Han
Under the law, as long as she entered the US legally, she can file even after the I-94 has expired assuming she is otherwise eligible.
Answer Applies to: California
Replied: 9/12/2014
Law Offices of N.J. SAEH PC | Noel J. Saleh
It makes no difference if your applications are filed after your wife's I-94 expires. As the spouse of a U.S. citizen this would not be an impediment or bar to her application for resident status.
Answer Applies to: Michigan
Replied: 9/12/2014
Morales & O'Connor, PLLC
Morales & O'Connor, PLLC | Myron Morales
Time out of status is forgiven upon approval of an I-485 based on marriage to a US citizen, so a late filing is technically OK. If she overstays the I-94 by 180 days or more, she should not travel outside of the US as she will trigger a bar to reentry.
Answer Applies to: Texas
Replied: 9/12/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You can concurrently file after the expiration of her I-94. The only issue is that once her I-94 expires she is out of status and can be subject to removal proceedings if apprehended by ICE. Her marriage to you alone does not give her any automatic basis to stay in the country. Why not work with an attorney to ensure everything is properly filed before the I-94 expiration.
Answer Applies to: New York
Replied: 9/12/2014
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