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I-94.. is it needed for I-130?
- Thread starter azriel
- Start date
pianoplayer
Registered Users (C)
azriel said:Bump anyone?
I am not sure what it is you are asking. I infer the following:
1. You are married to a Mexican national
2. Your wife holds a border crossing card.
Do you wish to file for AOS for her to become a permanent resident? Please note that a border crossing card is not intended to allow her to reside in the US --- it is for temporary purposes. Having her go in and out as a nonimmigrant and then filing for AOS will present intent problems, just like any other nonimmigrant visa holder arriving and then immediately filing AOS.
Remember, just because you are married, does not confer any specific rights on her.
Instead, you need to file I130 and do consular processing for her in Mexico. Incidentally, my neighbor in San Diego (Coronado) had the same problem. Her son married a Mexican citizen with a border crossing card. The situation got a bit "sticky" but was resolved later.
If you need help, consult a good immigration attorney --- I have some good recommendations for you in the San Diego area should you need any.
Best wishes
Thanks for the reply.
And yes, both your inferences are right. Im married to a Mexican national, been together for almost 10 years. I think i wasnt very clear of what i wanted to do.
Yes, im trying to get her a GC, we been married since May and just now i found some time to start reading and filling up forms.
What im asking is that, on the I-130 theres a line that asks for specifics for the I-94, such as date of entry and departure. She nevers gets the I-94 when she crosses the border. However she does need to apply for a special "permit" when she needs to go beyond 75 miles of stay for a long period of time. If my memory serves me right, i think i read I-94 somewhere around there.
Anyways, if that were to be the case, does she need to get the I-94 in order to complete the I-130.?
And yes, both your inferences are right. Im married to a Mexican national, been together for almost 10 years. I think i wasnt very clear of what i wanted to do.
Yes, im trying to get her a GC, we been married since May and just now i found some time to start reading and filling up forms.
What im asking is that, on the I-130 theres a line that asks for specifics for the I-94, such as date of entry and departure. She nevers gets the I-94 when she crosses the border. However she does need to apply for a special "permit" when she needs to go beyond 75 miles of stay for a long period of time. If my memory serves me right, i think i read I-94 somewhere around there.
Anyways, if that were to be the case, does she need to get the I-94 in order to complete the I-130.?
Last edited by a moderator:
Azriel, the fact is that to do things "legally" your wife needs to go back to Mexico and you need to apply for a K-3 visa for her. Only once she gets this visa, can she re-enter the USA, at which point she will get an I-94 card. Yes, this will involve a lengthy period of separation, but this is what many people in your situation have to deal with.
It may be possible to get a green card without doing this, but I would advise that if you choose to go that route you need to talk to a lawyer to avoid any possible "sticky" (good word pianoplayer) situations later on.
It may be possible to get a green card without doing this, but I would advise that if you choose to go that route you need to talk to a lawyer to avoid any possible "sticky" (good word pianoplayer) situations later on.
Okay but does she NEED to be in Mexico in that period? Because i can apply for the K-3 ( im assuming is the fiancee visa? ) while we wait she can still cross the border with her tourist visa ( or border crossing card ) and remain here, unless when i apply for the K-3 she has to surround her crossing card?
pianoplayer said:If you need help, consult a good immigration attorney --- I have some good recommendations for you in the San Diego area should you need any.
Best wishes
Ill take that offer, can you PM me their info? thanks
I've heard of Canadians doing this while a K-3 (wife visa, not fiancee, that's K-1) is processed. Not sure if its strictly legal however, I'd advise talking to a lawyer about it.azriel said:Okay but does she NEED to be in Mexico in that period? Because i can apply for the K-3 ( im assuming is the fiancee visa? ) while we wait she can still cross the border with her tourist visa ( or border crossing card ) and remain here, unless when i apply for the K-3 she has to surround her crossing card?