question on I-130, pls advise

N

nati309

Registered Users (C)
Gurus, please advise. I am currently under pending I-485 through employment. I am getting married to a US citizen and want to apply for I-130. It asks for I-94 (which long expired for me). what do I need to show there in my status?

thanks so much! any advise is appreciated.
 
what confuses me is that it has a specific question on I-130 about my I-94 number and when it expires (which for me it expired several years ago). no place to mark my current status of pending AOS through employment. So it will look like I am here illigal... any thoughts?
 
Relax....

nati309 said:
what confuses me is that it has a specific question on I-130 about my I-94 number and when it expires (which for me it expired several years ago). no place to mark my current status of pending AOS through employment. So it will look like I am here illigal... any thoughts?
Click to expand...

Nati,

You should be fine in the I-130. Basically, you can just give them a date of when it expired, and attach a copy. Remember, marrying a US citizen cures most situations, overstays, working illegally, so USCIS isn't going to cause issues for you because you worked illegally or overstayed your visa. What marriage to a US citizen doesn't cure is a coming into the US illegally, or being charged with a DUI and a death hooker in your apartment :eek:

Also, even if you don't tell them when you I-94 expired, they will find out by just inputing your passport number or name or date of birth in their system, either way, they will know. So, why not tell them now? It is important that you still have your I-94, if not, you will have issues:confused:

You situation should be simple and straightforward...
 
but I am not here illegally.. From I-94 I moved on to H1B and now am under I-485 through employment. shouldn't I indicate it somehow?
 
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