Advice B2 to IR1 living already in EU

Just looking for some advice regarding my AOS, I have a Tourist Visa, and in the past I had a student visa, I been a TTP for 5 years , two years ago I got married to my wife have a kid of my own, I was working in my country and everything legal, but in one of our visits we decide to stay and start the processing of the AOS that way I can become a green card holder.

I sent my paperwork to chicago Lockbox with I130, I485, I864, I765 and I131 on October 29.

They received my package on the 31 October

Got NOA1 on October 22nd

Got NOA off biometrics on December 6 and needed to go on the 18 of this month

So this is my dilema, my I94 expires on the 23 of this month, do I need to get a extension or another I94? I am good overstaying since I am in the middle of the process? Also the NOA 2 says if I don’t show up that means I am abandoning my case.

What are your thoughts?

Once your spouse is a US citizen you don’t need to renew your i94. It’s forgiven. What they mean is that if you don’t complete your biometrics they would close your case. You cannot leave the country during the process unless you were granted an advance parol document by USCIS. Anytime you leave without that, they will close your case.

Thank for the answer I know about not leaving the country. My concern is about my I94

Technically if you file to extend your i94, there is no guarantee that it would be extended & if it does get extended it would take a while. Your i94 would still expire on you. Like I said, if someone overstays their visa/ i94 gets expired, it is forgiven once the person is married to a us citizen. You have nothing to worry about. I was in B2 status which had expired before I filed my papers. I got my GC. But I also had a copy of my return ticket just in case they asked for that at the interview. Don’t worry your head. It’s going to be alright! Good luck!

Thank you I really appreciate your advice, i also have another question that just came to my mind today, could my case be faster since I am already married to my wife for more than two years?

Unfortunately no. You’ll have to wait the same time like everyone else. Bright side is that you’ll get a 10years green card instead of 2.

Yeah that’s what I been reading lately, that’s good! Hey thank you for your help!

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You’re welcome! Have a great one and good luck.