A quickie question?--Which I-94 record to use in I-130?

X

xata

New Member
1. Arrived in US in Aug 2000 on F1.
2. Left US in Nov 2001.
3. Came back in March 2004 on L1.
4. Change status in US to H1b in Oct 2005.
5. Went home (overseas) multiple times.
6. H1b Visa expired on March 2010. ( Had to quit my job because of that)
7. Applied for F1 and Status got approved on 24th June 2010
8. Got Married Sep 14th 2010
8. School Terminated the I-20 on Sep 17th 2010.

Now I am filling the paperwork. In I-130 there is point 14. which asks

14. If your relative is currently in the U.S., complete the following
He or She arrived as (eg. Student, Visitor, without inspection etc). __________
Arrival/Departure Record (I-94)__________ Date Arrived ____________
Date authorized stay expired, or will expire, as shown on Form I-94 or I-95 _______



Which I-94 record should I say here? Student when initially arrived? Work Permit? recent student?

The confusion comes from the fact that if I use the 2000 F1 I-94 record, that Visa is already expired in 2005. If I use the I-94 record of the 2010 F1 I did not "arrive on it yet"... If I put the work permit I-94 record, it will look I overstayed by 6 months. what would you guys put here?
 
You use the I-94 you used to get last admission into the US even it shows a overstay, as a IR of a USC all overstay is forgiven.
 
xata said:
1. Arrived in US in Aug 2000 on F1.
2. Left US in Nov 2001.
3. Came back in March 2004 on L1.
4. Change status in US to H1b in Oct 2005.
5. Went home (overseas) multiple times.
6. H1b Visa expired on March 2010. ( Had to quit my job because of that)
7. Applied for F1 and Status got approved on 24th June 2010
8. Got Married Sep 14th 2010
8. School Terminated the I-20 on Sep 17th 2010.

Now I am filling the paperwork. In I-130 there is point 14. which asks

14. If your relative is currently in the U.S., complete the following
He or She arrived as (eg. Student, Visitor, without inspection etc). __________
Arrival/Departure Record (I-94)__________ Date Arrived ____________
Date authorized stay expired, or will expire, as shown on Form I-94 or I-95 _______



Which I-94 record should I say here? Student when initially arrived? Work Permit? recent student?

The confusion comes from the fact that if I use the 2000 F1 I-94 record, that Visa is already expired in 2005. If I use the I-94 record of the 2010 F1 I did not "arrive on it yet"... If I put the work permit I-94 record, it will look I overstayed by 6 months. what would you guys put here?
Click to expand...



Why did the school terminate your I-20? Couldn't you have waited till January 2011 to get married to your spouse? In my view, you mislead USCIS about your intentions of seeking an F1 visa. You basically got a student visa, never attended college and got married 83 days after the issuance of your F1 visa. When did you arrive in the US, the date is what I am looking for? If you arrived during your last I-94 issuance in Oct 2005, that is the date which you put on the application form. Yes, USCIS will know that you overstayed by about 6 months, are you trying to hide or mislead them? I would strongly advise you to NOT do such a stupid act, unless you can magically plant your exit and entry record into the CBP databased since 2005, you tell them the truth.

You arrived on an H1B visa, which is the status of your last entry into the US.
Date arrived, Oct 2005.
Date authorized stay expired: March 2010, include the I-94 number. Plus attach a copy of the I-94 too...

An overstay is generally NOT a problem for AOS candidates, what is the problem is lying and attempts to mislead govt officials on the true purpose of applying for a visa.
 
Al Southner said:
Why did the school terminate your I-20? Couldn't you have waited till January 2011 to get married to your spouse? In my view, you mislead USCIS about your intentions of seeking an F1 visa. You basically got a student visa, never attended college and got married 83 days after the issuance of your F1 visa. When did you arrive in the US, the date is what I am looking for? If you arrived during your last I-94 issuance in Oct 2005, that is the date which you put on the application form. Yes, USCIS will know that you overstayed by about 6 months, are you trying to hide or mislead them? I would strongly advise you to NOT do such a stupid act, unless you can magically plant your exit and entry record into the CBP databased since 2005, you tell them the truth.

You arrived on an H1B visa, which is the status of your last entry into the US.
Date arrived, Oct 2005.
Date authorized stay expired: March 2010, include the I-94 number. Plus attach a copy of the I-94 too...

An overstay is generally NOT a problem for AOS candidates, what is the problem is lying and attempts to mislead govt officials on the true purpose of applying for a visa.
Click to expand...

Well, I attended the classes for few weeks and the program wasn't up to my expectations.

I arrived on L1 visa and then filed for H1b on oct 2005 while I was still here. Last time I arrived on the H1b was April 2009 and thats the I-94 record still attached to my passport.
 
xata said:
Well, I attended the classes for few weeks and the program wasn't up to my expectations.

I arrived on L1 visa and then filed for H1b on oct 2005 while I was still here. Last time I arrived on the H1b was April 2009 and thats the I-94 record still attached to my passport.
Click to expand...



I am sure USCIS won't be impressed by your reason that the class didn't meet your expectation. We all know what your expectation was, get married and file. Dude, full disclosure is all you need to do, any attempt to conceal any information which USCIS can easily find by their databases, you will be a toast...
 
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