I-485 and I-130 help

V

vasilkouskaya

Registered Users (C)
Hi,

I arrived to the US as an Exchange Visitor (J-1). Later changed my status to B2. I have been out of status for 3 years now. There is no departure date on my I-94. It only says D/S. My DS-2019 covered the period from 06/03/06-09/10/06. B2 covered 01/12/07-07/11/07.

I am currently married to a USC. We are concurrently filing I-130 and I-485.
I am confused what my husband must write in question 14c on I-130 form "Date authorized stay expired or will expire as shown on I-94";
For Part 1 on I-485 I am asked for Current USCIS status and the date it expires. Do I write "out of status" and the dates of DS-2019 and B2?

All your help would be very much appreciated.
 
vasilkouskaya said:
I arrived to the US as an Exchange Visitor (J-1). Later changed my status to B2. I have been out of status for 3 years now. There is no departure date on my I-94. It only says D/S. My DS-2019 covered the period from 06/03/06-09/10/06. B2 covered 01/12/07-07/11/07.
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If you changed status to B-2, your old I-94 is no longer valid. You have been out of status and illegally present since 7/11/07.
 
To THEREALCANADIAN:

I was issued a different I-94 after my status was adjusted to B2. again, without a date of departure on it. And, no, I am not illegaly present because i was inspected when arriving to the US. I have been out of status.
I just need to know what to write for the questions i have asked.
thanks.
 
vasilkouskaya said:
I was issued a different I-94 after my status was adjusted to B2. again, without a date of departure on it. And, no, I am not illegaly present because i was inspected when arriving to the US. I have been out of status.
Click to expand...
Illegal presence is not just about how you entered; it is also about how long you stay relative to your authorized status. You can be illegally present even if you entered with inspection.

Had you remained with the J1, you might have been able to avoid going from merely out of status to illegally present. But you are illegally present because you stayed beyond the 6 month limit of the B2, without having applied to extend the B2 status.

Does your J-1 have the 2-year home country requirement?
 
Last edited by a moderator:
vasilkouskaya said:
I was issued a different I-94 after my status was adjusted to B2. again, without a date of departure on it.
Click to expand...

The INA does not authorize USCIS or CBP to issue an indefinite I-94 for B status. The most the law allows is 6 months.

And, no, I am not illegaly present because i was inspected when arriving to the US.
Click to expand...

Just because you enter with inspection doesn't mean you can't become illegally present (although someone who does EWI is illegally present from day 1). You become illegally present by overstaying an I-94 or USCIS determining you are out of status. Which you appear to have done.

I just need to know what to write for the questions i have asked.
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Jackolantern raises a good question. If you are subject to the 2-year HRR you have a serious problem.
 
Dude, don't worry too much. These senior member are seeking your best interest and not trying to scare you. However, it may have seemed otherwise.

Anyway, since you don't have HRR requirement and since you're married to US Citizen. You don't have much to worry about. You are considered an immediate relative and therefore, your illegal stay may be forgiven. Under section 212(a)(9)(B), you have accured unlawful presence, but when you marry a US citizen - you're eligible to file a waiver for inadmissibility and you should be fine.
 
da1980 said:
Anyway, since you don't have HRR requirement and since you're married to US Citizen. You don't have much to worry about. You are considered an immediate relative and therefore, your illegal stay may be forgiven. Under section 212(a)(9)(B), you have accured unlawful presence, but when you marry a US citizen - you're eligible to file a waiver for inadmissibility and you should be fine.
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As an Immediate Relative, the waiver shouldn't be required. I'd make absolutely certain that the OP does not apply for AP or leave the country until the I-485 is approved.
 
Thank you everyone for your help!
Hopefully it is all going to work out well so i can stay in the US with my hubby:))))

Thanks again!
 
Thank you everyone for your help!
Hopefully it is all going to work out well so i can stay in the US with my hubby:))))

Thanks again!
 
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