getting married before i-94 runs out

[dirtfling90]

Am a U.S. citizen and my fiancée is a citizen of Mexico. She is currently here on a b-2 visa and we plan to get married before here since we're both already here and every is on the up and up, so we don't think there will be any trouble. My question is how ling before the. I-94 expires should we get married. Her i-94 expires the 28th of January next year and some people say we should marry before the new year in case laws change in the new year. Also we want to be sure that papers and well in motion by the time her i-94 expires. And advice is most appreciate.

 

[Triple Citizen]

Did you two know each other when she applied for her visa or entered the US? Were you engaged to each other or not during those two events?

Am a U.S. citizen and my fiancée is a citizen of Mexico. She is currently here on a b-2 visa and we plan to get married before here since we're both already here and every is on the up and up, so we don't think there will be any trouble. My question is how ling before the. I-94 expires should we get married. Her i-94 expires the 28th of January next year and some people say we should marry before the new year in case laws change in the new year. Also we want to be sure that papers and well in motion by the time her i-94 expires. And advice is most appreciate.

 

[dirtfling90]

Did you two know each other when she applied for her visa or entered the US? Were you engaged to each other or not during those two events?

I met her in June of 2009, we started our courtship mid September 2012 ,three weeks after she went back to Mexico, and she got her tourist visa and returned to the states late July 2013. I proposed the first week she was back. So to answer your questions more directly: 1.I for sure knew her when she applied for her b-2,and 2. We weren't engaged until after she came to the states and I never told her that it was my intention to do so upon her arrival.

 

[newacct]

Am a U.S. citizen and my fiancée is a citizen of Mexico. She is currently here on a b-2 visa and we plan to get married before here since we're both already here and every is on the up and up, so we don't think there will be any trouble. My question is how ling before the. I-94 expires should we get married. Her i-94 expires the 28th of January next year and some people say we should marry before the new year in case laws change in the new year. Also we want to be sure that papers and well in motion by the time her i-94 expires. And advice is most appreciate.

You can get married whenever you want. Marriage itself doesn't have any effect on her immigration status. But only after marriage can you petition her for a green card.

Your question is probably when you should file I-485 (for Adjustment of Status). Preferably, you should file I-485 before her I-94 expires, because technically after her I-94 expires she will be out of status and deportable. However, it is highly unlikely she will run into any problems being out of status for a short time. If you file the I-485 after her I-94 expires, it's okay too. As an immediate relative of a U.S. citizen, she does not have to be in status to be eligible to apply for adjustment of status. Once the I-485 is received, she will be lawfully present as long as the I-485 is pending.

Note: you will be filing I-130 and I-485 together.

 

[Triple Citizen]

In that case, she should be able to AOS without any risk of being accused of misrepresentation and/or fraud.

We weren't engaged until after she came to the states and I never told her that it was my intention to do so upon her arrival.

 

[mauyzk]

I returned my I-94! Advice please!

My husband and I got married in November last year and just got the money together to put the papers in, so I'm getting everything ready and find out I need to have my I-94 the thing is it expired in January 21 so I returned it... One day before I was really worried because I've had a lot of them trough my life and you always have to return them.. Now i don't know what to do!... I can fill out the date it expired but not the number...

My last entry to us was on august a month after I got the I-94

 

[newacct]

My husband and I got married in November last year and just got the money together to put the papers in, so I'm getting everything ready and find out I need to have my I-94 the thing is it expired in January 21 so I returned it... One day before I was really worried because I've had a lot of them trough my life and you always have to return them.. Now i don't know what to do!... I can fill out the date it expired but not the number...

My last entry to us was on august a month after I got the I-94

What do you mean you "returned" it? You went to CBP and handed it to them without leaving the U.S.? Also, if you arrived by air since May 2013, you shouldn't have a paper I-94; it would be electronic and you print it out from a web site.

 

[mauyzk]

What do you mean you "returned" it? You went to CBP and handed it to them without leaving the U.S.? Also, if you arrived by air since May 2013, you shouldn't have a paper I-94; it would be electronic and you print it out from a web site.

My husband lives in a city really close to the border, so I still got the paper one, because I cross the border in car.. then I returned the I-94 at the bridge with an imigration officer, I did not leave the country..

what do I do??

 

[Jackolantern]

Do you have a copy of the I-94? You only need to send a copy with the application, not the original.

And if you entered with a visa, sending a copy of the visa along with telling them the correct entry date on the i-485 is usually good enough in lieu of the I-94.

 

[mauyzk]

Do you have a copy of the I-94? You only need to send a copy with the application, not the original.

And if you entered with a visa, sending a copy of the visa along with telling them the correct entry date on the i-485 is usually good enough in lieu of the I-94.

I do not have a copy of the I-94, I entered with a visa and I do know the last date I entry the country.... should I just leave all the I-94 info just blank? more than anything because they ask for the number on that I-94, and f course I do not have it.

Thank you!!

 

[Jackolantern]

I do not have a copy of the I-94, I entered with a visa and I do know the last date I entry the country.... should I just leave all the I-94 info just blank? more than anything because they ask for the number on that I-94, and f course I do not have it.

Fill in the information you know. You know the date you last entered the US, and if you still have the visa in your possession you would also know the nonimmigrant visa number, consulate that issued it, and the date it was issued. With that information and a copy of your visa they can verify your i-94 information in the system even though you don't have the i-94.

 

[TheRealCanadian]

This could be interesting. If CBP processed the I-94 they will consider her out of the US, which means that the I-485 will be denied - they will assume she is no longer physically present, or she entered without inspection.

 

[Jackolantern]

My husband lives in a city really close to the border, so I still got the paper one, because I cross the border in car.. then I returned the I-94 at the bridge with an imigration officer,

Why?

TheRealCanadian raises an important point. Returning the I-94 could lead CBP and USCIS to believe you left the US on that date, so now they could think you're either outside the US or sneaked in over the border.

However, if you leave the US before 180 days after the I-94 expiration date of Jan 21 (July 18, I think), without getting deported first, you'll still be able to pursue the green card through a US consulate in your country without being subjected to the 3-year or 10-year ban.

 

[mauyzk]

esAFinan senator

Why?

TheRealCanadian raises an important point. Returning the I-94 could lead CBP and USCIS to believe you left the US on that date, so now they could think you're either outside the US or sneaked in over the border.

However, if you leave the US before 180 days after the I-94 expiration date of Jan 21 (July 18, I think), without getting deported first, you'll still be able to pursue the green card through a US consulate in your country without being subjected to the 3-year or 10-year ban.

This could be interesting. If CBP processed the I-94 they will consider her out of the US, which means that the I-485 will be denied - they will assume she is no longer physically present, or she entered without inspection.

Fill in the information you know. You know the date you last entered the US, and if you still have the visa in your possession you would also know the nonimmigrant visa number, consulate that issued it, and the date it was issued. With that information and a copy of your visa they can verify your i-94 information in the system even though you don't have the i-94.

Ok .... So you got me really confused ...

Why would I leave and entry illegally if I have a valid visa!, I mean who in their right mind would enter without inspection having a visa.. other than the I-94 number I have all the info about it..

Should I risk asking for an other I-94, even though I'm already married and would need to go back and forth from Mexico, Just leave the I-94 number blank and without copy of it?

I've heard that you can ask immigration for all the info about me they have and the i94 form should be there?

 

[newacct]

Ok .... So you got me really confused ...

Why would I leave and entry illegally if I have a valid visa!, I mean who in their right mind would enter without inspection having a visa.. other than the I-94 number I have all the info about it..

Should I risk asking for an other I-94, even though I'm already married and would need to go back and forth from Mexico, Just leave the I-94 number blank and without copy of it?

I've heard that you can ask immigration for all the info about me they have and the i94 form should be there?

The thing is, you are supposed to always keep your I-94 while you're in the U.S., even if it's expired. I don't know why you turned it in. And I don't know why they accepted it. Turning in an I-94 = leaving the U.S.; it's the only way they know whether someone left the U.S. by land. Maybe they thought someone was turning it in for you after you've already left and didn't get to turn it in or something.

You can request a duplicate I-94 with I-102. But you said you don't know the date. Also, another problem is that even if you insist that you have been in the U.S. the whole time, the evidence points to the contrary. You've turned in your I-94, which you're only supposed to do when you leave. And you're in the U.S., so the logical conclusion is that you came in illegally. And there is nothing you can get to prove otherwise.

 

[mauyzk]

The thing is, you are supposed to always keep your I-94 while you're in the U.S., even if it's expired. I don't know why you turned it in. And I don't know why they accepted it. Turning in an I-94 = leaving the U.S.; it's the only way they know whether someone left the U.S. by land. Maybe they thought someone was turning it in for you after you've already left and didn't get to turn it in or something.

You can request a duplicate I-94 with I-102. But you said you don't know the date. Also, another problem is that even if you insist that you have been in the U.S. the whole time, the evidence points to the contrary. You've turned in your I-94, which you're only supposed to do when you leave. And you're in the U.S., so the logical conclusion is that you came in illegally. And there is nothing you can get to prove otherwise.

I do know The date it expired, I returned because it was going to expire the next day and in the border bridge you are not actually required to leave the us, after returning it, you walk back into the us after the officer verifies it is your document with your visa and passport in hand

Thank you for your answers and advice I am feeling really worried right now, about all this, I will try to see if I can get the I- 102 form and get a copy of it

 

[Jackolantern]

Don't bother with I-102. Just file the I-485 and associated paperwork (including your visa information) and see what happens. Just make sure you leave the US before it is 180 days since you handed in the I-94, unless your green card is approved before then.

By leaving before the 180 day mark, you would preserve your eligibility to continue the green card process through a consulate in Mexico (or another country if you have citizenship elsewhere) in the event of an I-485 denial, without being subject to the 3-year ban. And if you obtain Advance Parole before leaving (make sure to apply for it along with the I-485), you might be able to use it to return to the US for an interview.