I-94 going to expire soon and No I-130/485 letter, what do i do?

M

montenshi

New Member
Howdy.

I married my girlfriend while she was here on a vistor visa back in feb of this year. She came back to the states in April so I could start and finish all of our change of status/resedent paper work: I130/131/485 ETC.. I sent everything off 3 weeks ago, but I am worried and don't know what to do becuase her I94 will expire in 4 days.

The guy at the INFO pass place told me that she couldnt leave the states when we apply under these forms. While others have told me that she has to return to her country until I get an interveiw appoitment.

From what I have read, she needs to stay here, but I am still very wery on this subject, and do not want to break the law.
 
Where did you send your package?
What did you use to track your package?
Was it delivered?
Are you a USC and have you tried calling the National Customer Service Line?

Visa overstay is forgiven when married to a USC.
 
Montenshi,

you should post this question again in the big Family-Based forum, this one is for NBC questions like EAD or AP.
That way, you will get more answers and opinions!

First of all, are you a USC? Probably yes, if you already sent all the AOS forms. If yes, then don't worry too much about the I-94 expiration. Overstaying is forgiven to spouses of USCs.
She will have to stay here, as the Infopass guy told you. Please do not let her leave the country until she received her Advance Parole. If she left the country without the AP, her application will be considered abandoned and you would have to do it all again.

You should receive your receipt notices soon. There you will see what the receipt date is. If it is before her I-94 expired, she hasn't overstayed and she can travel after she has received her AP.
If it is after her I-94 expired, she should not travel out of the country, because that could trigger a 3 year ban.

Another thing you should consider: Did she come back here on a K1 or another B Visa?
If she came back here on a B Visa, be careful what you say at your interview. To have an immigrant intent with a B Visa could be a reason for an immigration officer to deny your case.

There are quite a couple of people who got approved with a B Visa, it's just important for you to know that you should not admit that she had an immigrant intent when she entered, ok?

Good luck to you!
:)
 
WOW...
Thank you very much Patty, you are a life saver.
I love this website and all the help here!! Well I can go on for hours about how relieved I am now.

My wife now, came in under a B-visa, didnt plan to get married, got carried away on the spur of the moment kind of thing. I thank you for that additional advice on the interview advice.

You saved me being seperated from my wife for 3 years, lots of time and money and a huge amount of stress. Cant thank you and this site enough.

As for the above question, I didnt use anything to track my package, besides the express confirmed mail service, or what ever its called. I sent my package off to Chicago.

I am in the US Navy, and the possiblity of me being stationed over seas is a very high possiblility. So my next question would be do you think I should get a Immigration Lawyer now to help in these future situations?
I will look for the big family forum somemore to repost there, this is a huge forum board..

/Salute Thanks again everyone!
 
You're welcome. I'm being helped here all the time myself. This forum really is a life-saver, wouldn't know what to do without it. Stick around and you'll be amazed how much and fast you learn! :)

Basically you are in the right forum, you just posted in the Family-Based sub-forum for NBC questions.

Yeah 3 weeks is pretty long, did you mail it through USPS or UPS/Fedex? There is a different address for UPS/Fedex (still Chicago, just not a PO Box), and maybe that's the reason why it takes a little longer. If you don't receive anything in the next couple of days, call the USCIS service number 1 (800) 375-5283 and ask them.
Did your confirmation thingy say that it was delivered?

These days, the GC process seems to get a lot faster. Most people get their interview notice after 4, 5 months!
When are you going to be stationed overseas?
My husband was in the Airforce and I know that things are easier for military spouses if they are stationed overseas. There should be a law office on your base that takes care of immigration stuff. I'm sure you will get all the information you need from them.

And you can always ask questions here.

Good luck! :)
 
Make sure your wife does not leave the U.S. while her adjustment of status is being processed.
 
You must log in or register to reply here.
Top