I-485 with I-94W

[Kinre]

Hi,

I arrived in the US on in March of 1999 with a British Passport without a visa under (Visa Waiver Pilot Program) but was issued an I-94W at point of entry. My visa waiver document expired 90 days after my time of entry. I am presently about to apply for a Green Card because my spouse is a US citizen. Does anyone know if I-94W (Visa Issued at Point of Entry) holders are eligible to file adjustment of status?

 

[guju]

Anyone is eligible for 485 as long as they have an approved immigrant petition. In your case, having a spouse who is an US citizen, warrants you a GC.

Let me ask you, that if your I-94 expired after 3 months back in 1999, then have you been staying illegally here in USA, since then?

 

[Jim Mills]

Originally posted by guju
Anyone is eligible for 485 as long as they have an approved immigrant petition. In your case, having a spouse who is an US citizen, warrants you a GC.

Let me ask you, that if your I-94 expired after 3 months back in 1999, then have you been staying illegally here in USA, since then?

Good question. It would appear so. However, the answer does not matter since he married to a USC. Ordinarily, overstays and entry under the VWP would prohibit AOS but marriage to a USC waives that. Marriage to a USC does not waive Entry Without Inspection though, need 245i for that.