Expired I-94 and I-485

[GannyMids]

Hi All,

One of my friend is having a situation, where his 485 has been filed to USCIS in Sept'05 and company said they will file for his wife next year.

His wifes I-94 has expired unknowingly she stayed over beyond her I-94 expiration date, Now the company is ready to file for her 485 but I-94 situation has arosed.

Any body has any idea, what could be the impact, if we file her 485 irrespective of I-94 issue ?
Should we do that or not ?
If not what are the alternates ?

Thanks for advice..

 

[TheRealCanadian]

One of my friend is having a situation, where his 485 has been filed to USCIS in Sept'05 and company said they will file for his wife next year.

Why did the company do this?

His wifes I-94 has expired unknowingly she stayed over beyond her I-94 expiration date, Now the company is ready to file for her 485 but I-94 situation has arosed. Any body has any idea, what could be the impact, if we file her 485 irrespective of I-94 issue ? Should we do that or not ?

If the I-94 has been expired for over 180 days she needs to seek competent legal counsel immediately. If it's a little bit less than 180 days, the I-485 needs to be filed ASAP or she needs to leave the US.