I-94W expire while waiting for AOS

[mandy]

Hi there

I married my husband who is a US citizen and i'm holding a tourist visa i-94w. Currently we are preparing documents to send to chicago but the problem is my visa will expire in a week. Would any one pls advise what shld i do while waiting for response or receipts to send back? Thanks

[Charlotte]

I would stay where you are. I married my husband in December 2002, my I-94 expired Jan 11 2003. We filed for I-130 Jan 23rd 2003.
Do not leave the country at this point cause they might not let you back in. Please make sure you file for an adjustment of status (I-485) - if you need one - we were not told by the INS to do that and now it is 2006 and I am still waiting for my Visa and we are paying double!

Make sure you do not make the mistakes we have... do NOT trust the INS, USCIS or Nation Visa Center when you call them cause they will give you a different answer every time you call.
Read online and make sure you file the forms they mention there.
Good luck!

[mandy]

1-485

Hi Charlotte,

Thanks for the AOS advice. I guess I have to wait and hopefully they will not come after me for deportation. Well, I'm applying for I-485 at this moment and paperwork is a frustration. As for your problem, the best solution is proceed to your nearest immigration office and fix up a infopass appointment and explain your situation. I had face the same problem when calling them. I made the trip to get all the required paperwork done. I hope it helps..Thanks again.

[Charlotte]

Hi Mandi,
Thanks for that advise. I am seriously going to think about doing that. Even beter since it is free!
Were you satisfied with the way you were treated there?

About deportation... I have been here now past my I-94 deadline for over 3 years and had no trouble what so ever. *knock on wood*

[mandy]

i-94w expire while waiting for AOS

HI charlotte,

Oh yes...the officer was friendly and knowledgeable too. Make sure u have all your question answer. By the way, I also filing for i-130, 485, 131, g325 at the same time. How long it takes u to receive a response from usic? Good luck...

[Charlotte]

I filed for I-130 Jan 27 2002 and got an approval notice from the Nebraska office on September 9th 2004.
After that things got send to the National Visa Center and I did not hear from them until May of 2005.
Since I did not file for the I-485 directly ( no one told me ) I got processed through Amsterdam. So who knows how long this I-485 processing will take.
All I can say to you Patience is definately the word!
Good luck Mandi

[anonymous_010177]

i-94 and visa expire

Hi Can one of you please advise? I am desperately in need of it. my spouse's F1 visa expired 3 yrs ago, he had the visa for just 1 yr and nvr complteed his studies. his I-94 has D/s- duration of status on it. i am on H1 and am going to apply for green card. I find consular processing to be risky as my husband may not b allowed to enter US again. Should I just apply for 485 for myslef gte green card and then apply for him or wait till get citizenship as well. or should/can i apply for 485 for both of us?? whats the procedure? I would really appreciate ur advise. thanks

[PraetorianXI]

This may be a complicated case, and you could use an immigration lawyer. But I will try to shine some light to your questions. See bold.

Hi Can one of you please advise? I am desperately in need of it. my spouse's F1 visa expired 3 yrs ago, he had the visa for just 1 yr and nvr complteed his studies. Did USCIS ever notified him that he is Out of Status? Was he reported to ICE? his I-94 has D/s- duration of status on it. i am on H1 and am going to apply for green card. I find consular processing to be risky as my husband may not b allowed to enter US again. If he is out of status and has been out of status for more than 180 days, he is subject to a 3 year ban. More than 1 year, subject to a 10 year ban. Should I just apply for 485 for myslef gte green card and then apply for him or wait till get citizenship as well. or should/can i apply for 485 for both of us?? Are you applying through your employer? Then ask your employer to hire an immigration lawyer and ask him. whats the procedure? I would really appreciate ur advise. thanks

[anonymous_010177]

What is ICE? yes, i am applying thru my employer and i did ask mi lwayer, he suggests that i do consular processing and he also said 3-10 yr ban does not apply to him becoz of D/S on his i-94.

[PraetorianXI]

What is ICE? yes, i am applying thru my employer and i did ask mi lwayer, he suggests that i do consular processing and he also said 3-10 yr ban does not apply to him becoz of D/S on his i-94.

Check www.ICE.gov and also, answer my question... was he ever notified that he is out of status? if so, he has accumulated illegal presence and will be banned from returning for a period of time. (3-10 years)

But even if he has been notified... once you become an US Citizen he can go through Adjustment of Status. It is what I would recommend. He could start working and be in the US while the petition is pending. Any overstay/illegal work will be pardoned by USCIS.

Now, the thing is... and ask your lawyer... if you can not apply for his GC through your employer... he would have to wait 5-6 years for a visa number to become available for him. And if he does that through Consular Processing, it means 6 years in his home country.