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Thread: I-94 Question

  1. #1
    My fiance says that his I-94 has no date by which to leave the country by. It only says "valid for duration of stay" Does anyone know what that means? And doesn anyone know a ballpark on how long the green card process is running for Michigan? Thanks!!!!

  2. #2
    My fiance says that his I-94 has no date by which to leave the country by. It only says "valid for duration of stay" Does anyone know what that means? And doesn anyone know a ballpark on how long the green card process is running for Michigan? Thanks!!!!

  3. #3

    Welcome to forum. Your fiance's passport is stamped for how long it is good for, and when the visit will expire. Most likely it was for 6 months.

    Go to the homepage and on the left is processing times link. go o the service center that Michigan would fall into, then find I-485 (Adj of Status application)on the chart and it will tell you the timeframe of applications that USCIS is currently working on. each Service Center is different for Adj of Status times. Vermont SErv. Center on East coast tends to be very quick for I-485 apps.

    Will you be filing a fiance Visa for him when you plan to get married? If so, try to coordinate dates so that you will get married in the alloted 90 day timeframe that will be given.

    Best wishes

  4. #4

  5. #5
    First, I think the I-94 says "duration of STATUS" rather than "duration of STAY."

    Second, that means his stay is good for as long as he maintains that status that is the condition of his visa.

    For example, if he is an F-1, then the stay is valid as long as he maintains his full time student status. When he doesn't enroll in school or does not fulfill the credit requirement to be a full time student, he becomes out of status and has invalidated his stay.

    FYI, for those whose I-94 says "D/S" or "Duration of Status" for purposes of the 3yr/10yr bar, unlawful presence does not begin to accrue until the USCIS actually decides that the alien is overstaying his status.

  6. #6
    It states on the link that I gave above: "If you have 'duration of status' or 'D/S' on your Form I-94, you may remain in the U.S. as long as you continue your course of studies or remain in your exchange program or qualifying employment." I have read previously where this includes OPT, etc. I haven't had time to do a further search to find additional clarification. Many of the links I have are obsolete and the site forwards you to home page not to equivalent links, grrr. I have also read where the clock does not start for overstay until an immi judge or official does say "you are out of status". If you marry him while he's here overstays are usually forgiven anyway. If he leaves it is my understanding that it could possibly become a problem even though no official has officially deemed him to be an overstay.

  7. #7

    Do not file anything until you consult with an immigration lawer. An overstay is not a real issue if you are a USC because 245A will help him to adjust his status. The real problem is his J-1 status. For my understanding, a J-1 must go back his or her own country to fulfill two-year residency before he or she is eligible for AOS even though the person marry to a USC. If you ask for advice from this board. do not forget to emphasize his J-1 status. otherwise people may give you incorrect answer. good luck

  8. #8
    Ooops! There must be other threads with DB's issues? I don't read all of them. (disclaimer)

  9. #9
    Thank you - I apologize for not giving all of the information. This is an overwhelming task

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