Do I have a chance???

[patriciameas 0]

I came here in the US 9 years ago as a visitor B1/B2 visa. Last year, I got married to a US citizen and we are in the process of fixing my papers. We have already been approved for the i-130 and now currently working on the i-485. As we assemble the i-485 packet, we came across the requirement of including copies of passport, visa, entry stamps, and i-94. Now i have no problem including a copy of my passport and entry stamp. However, my i-94 expired since 2002 and my visa will expire in less than a month. Will this be a problem that can cause of me of being denied? Should I get a lawyer? HELP!

Thank you

[milimelo 4,271]

Moving to AOS from student, tourist, work visa.

Why you'd sent stand alone I-130 and not done concurrent filing is beyond me.

[patriciameas 0]

We would've filed them together, however the cost was too much combined. There's nothing wrong with filing them separate though, it will just take more time and I am aware of that.

[ceadsearc 516]

Given that your I-94 expired many years ago, you are already out of status regardless of whether or not your actual visa has expired. Overstay is overlooked for immediate relatives of US Citizens, however, so that won't cause you issues. You cannot leave the country until you have a green card, however. Don't bother applying for AP - you will be approved but if you use it you will incur a ban and not be allowed back in the country.

Make sure you include copies of ALL required paperwork regardless of whether or not the documents are expired.

[patriciameas 0]

thank you so much.

[Jojo92122 1,924]

I came here in the US 9 years ago as a visitor B1/B2 visa. Last year, I got married to a US citizen and we are in the process of fixing my papers. We have already been approved for the i-130 and now currently working on the i-485. As we assemble the i-485 packet, we came across the requirement of including copies of passport, visa, entry stamps, and i-94. Now i have no problem including a copy of my passport and entry stamp. However, my i-94 expired since 2002 and my visa will expire in less than a month. Will this be a problem that can cause of me of being denied? Should I get a lawyer? HELP!

Thank you

Neither of those two problems will be cause for denial of the AOS.

You've overstayed, so of course your I-94 is expired. Your overstay will be forgiven since your USC spouse is sponsoring you.

Your B1/B2 visitor visa was revoked once your I-94 expired. It doesn't matter what the expiration date on it is at this point. Overstay on a visitor visa cause the visa to be automatically revoked. At this point, it is also a non-factor in your AOS.

You will need these documents to prove you legally entered the US. They alone will not cause a denial of the AOS.

Do not leave the US until you get a green card. If you leave before you get a green card, you will abandon the process.

[desmond&molly 5]

You are able to adjust because you came with a visa and were given a I-94 so YES include all of that, even with the overstay. I agree with all the advice I would just add that you should analyze anytime you worked during those 9 years. Don't know how old you are, maybe you were underage and so not working or family supported you? You don't have to explain it here, but that's the only reason I would consult a lawyer because there's a gray area regarding working without authorization and for that many years I think USCIS might investigate or ask how you supported yourself. Good luck!

[ceadsearc 516]

You are able to adjust because you came with a visa and were given a I-94 so YES include all of that, even with the overstay. I agree with all the advice I would just add that you should analyze anytime you worked during those 9 years. Don't know how old you are, maybe you were underage and so not working or family supported you? You don't have to explain it here, but that's the only reason I would consult a lawyer because there's a gray area regarding working without authorization and for that many years I think USCIS might investigate or ask how you supported yourself. Good luck!

Working without authorization is also overlooked for immediate relatives of US citizens (so long as they did not claim to be citizens or anything and were just working under the table), so if that were the case that shouldn't be an issue as long as the immigrant is truthful.

[Brother Hesekiel 2,235]

Working without authorization is also not being made an issue of. What is being made an issue of is tax evasion. It's a felony, so if you worked, whether legally or illegally, whether as a witch doctor, a hooker or a drug dealer, you need to report the income to Uncle Sam and to be sure, you should enclose your tax returns with your AoS package.

If you didn't make much money, you will owe very little, and filing late is also no problem. A problem would be if you get your Green Card and two weeks later a couple guys with badges arrest you for tax evasion.

[Hello. 2]

You may still apply for adjustment on status since you entered legally & you have a visa automatically available because of your citizen spouse. However, that doesn't mean they will approve it.

[ceadsearc 516]

You may still apply for adjustment on status since you entered legally & you have a visa automatically available because of your citizen spouse. However, that doesn't mean they will approve it.

Approval isn't guaranteed with any type of visa and/or adjustment.

[patriciameas 0]

thank you everyone. we just submitted the i-485 package last week and the check has been cleared yesterday.