Submitting I-130 and I-485 on Visa Waiver Programme - Issues!

richard_ham2001

New Member
Hi,

I'm a British national currently in the US on a visa waiver (which runs out on the 8th Oct 2010). I have entered and left the US (and its "contiguous states") a couple of times before this year, each time prior to the 90-day limit. I have recently gotten married (my wife is a US citizen) whilst here in the US and plan to file the I-130 and I-485 forms concurrently to become a permanent citizen. My concerns are these:
1) As I’m here on wisa-waiver, am I allowed to attempt to alter my status whilst in the US to that of a permanent resident?
2) If so, am I allowed/is it advisable to remain in the US beyond the 90-day limit whilst the forms are being processed and indeed would it harm my chances should I have to leave/complete the process overseas?
3) Most concerning, I was not issued an I-94w slip/number on my most recent entry into the US (on the 10th July), although I’ve been granted the full 90-day waiver according to the stamp in my passport. I'm not sure of the reason for this.
Could this be something to do with the fact I’m still in possession of my previous I-94w slip? (which is now outdated?!) It wasn't taken from me when I left the US the last time on June 1st (prior to the previous 90-day limit) via the Canadian border. Is this normal procedure for the Canadians not to take the slip? I certainly gave it to them at the time with my passport.
The immigration officer didn't seem to have any issues with the fact but also didn't ask for a I-94 form and certainly didn't give me one back. Is it possible they renew your admission status on the same I-94 number? Or are you always supposed to get a new one? This really concerns me as the I-94 number is supposed to be entered on both I-130 and I-485 forms and I don’t wish to use the old number if that’s not the case.

Dazed and Very Confused.
Richard.
 
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