Questions regarding my wife's adjustment of status from a B1/B2 tourist visa

[jaxe 1]

Hi everyone, so I married my wife here in the states one month ago, we're almost about to second the documents to USCIS but I have two questions.

 

1) Her I-94 form expires next week and we still haven't sent the papers to USCIS. Is this OK considering we got married last month (does it buy her more time) or do we need to do something about this ASAP?

 

2) We currently do not have any joint financial statements. Does any joint financial statements/bank accts, etc. information have to be sent in the packet to USCIS or can this be presented at the interview? 

 

Thank you. 

[Just Paul 4,591]

17 minutes ago, jaxe said:

1) Her I-94 form expires next week and we still haven't sent the papers to USCIS. Is this OK considering we got married last month (does it buy her more time) or do we need to do something about this ASAP?

It is best to send in before the I-94 expires but you can wait.  She just won't have proof of status.

17 minutes ago, jaxe said:

2) We currently do not have any joint financial statements. Does any joint financial statements/bank accts, etc. information have to be sent in the packet to USCIS or can this be presented at the interview? 

Since you just got married they won't expect too much.  You can add her to credit card accounts and make her benificary of a life insurance policy.

[HRQX 4,145]

37 minutes ago, jaxe said:

Is this OK considering we got married last month (does it buy her more time) or do we need to do something about this ASAP?

If you are a US citizen then she can still file after her I-94 expires.

[jaxe 1]

1 hour ago, HRQX said:

If you are a US citizen then she can still file after her I-94 expires.

How? 

 

I just went to a border port of entry with my wife and the I-94 processing office was closed (due to COVID). A border patrol agent who was present said that if she's here after that date she's considered illegal. Maybe he was minsinformed? I'd appreciate any help!! thank you. I may have to get in contact with a lawyer ASAP

Her B1/b2 visa expires in 2027, but I-94 expires on Monday.. not sure what to do..

 

Does anyone know how long it takes to process a new I-94 online via USCIS? thanks!

Edited May 8, 2020 by jaxe

[HRQX 4,145]

13 minutes ago, jaxe said:

How?

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Quote

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21.

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;
• The applicant is not in lawful immigration status on the date he or she files the adjustment application;
• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;
• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;
• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or
• The applicant has ever violated the terms of his or her nonimmigrant status.

 

13 minutes ago, jaxe said:

after that date she's considered illegal.

Yes, she would be out of status. Realistically, she probably won't be on ICE's radar. If you are concerned you can call the EOIR automated hotline at 1-800-898-7180 to continually check if there have been any immigration proceedings scheduled.

13 minutes ago, jaxe said:

Does anyone know how long it takes to process a new I-94 online via USCIS?

Not necessary because after filing the I-485 she'll be in a period of stay authorized by the Secretary of Homeland Security.

 

File the following:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with  I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

Edited May 8, 2020 by HRQX

[jaxe 1]

5 minutes ago, HRQX said:

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

She would be out of status. Realistically, she probably won't be on ICE's radar. If you are concerned you can call the EOIR automated hotline at 1-800-898-7180 to continually check if there have been any immigration proceedings scheduled.

Not necessary because after filing the I-485 she'll be in a period of stay authorized by the Secretary of Homeland Security.

 

Sorry, all of this is kind of new to me... this seems like something I'd preferably need a lawyer to deal with, no? I checked and it says that an I-485 application can take months? So if we send the I-485 application tomorrow she's now legally in the country until we receive an answer? But we cannot continue filing for her green card as she does not have legal status? 

 

thanks.

[HRQX 4,145]

15 minutes ago, jaxe said:

But we cannot continue filing for her green card as she does not have legal status?

I-485 is the green card application. She can submit it whether or not she has lawful status.

15 minutes ago, jaxe said:

this seems like something I'd preferably need a lawyer to deal with, no?

IMHO it's DIY.

 

See the following:

23 minutes ago, HRQX said:

File the following together:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with  I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

I-130 is the petition and you sign it.

I-864 is form you fill out and sign as her financial sponsor.

I-130A she signs it.

I-485 she signs it.

I-944 she signs it.

I-765 she signs it. This form is optional but highly recommended.

I-131 she signs it. This form is optional but highly recommended.

 

The electronic I-94 is still accepted if expired. They just want to confirm she entered the US legally.

Edited May 8, 2020 by HRQX

[jaxe 1]

7 minutes ago, HRQX said:

I-485 is the green card application.

IMHO it's DIY.

 

See the following:

I-130 is petition you sign it.

I-864 is form you fill out and sign as her financial sponsor.

I-130A she signs it.

I-485 she signs it.

I-944 she signs it.

I-765 she signs it. This form is optional but highly recommended.

I-131 she signs it. This form is optional but highly recommended.

Thank you... so the problem is our packet isn't complete yet (waiting on a few documents) and her I-94 expires this Sunday. Even if I send the packet tomorrow (which I can't), the USCIS probably won't have received it until next week due to the weekend. So, there will be a time period between sending the packet and USCIS receiving it where technically, she'd not have legal status. 

 

not sure what to do..

is it necessary to file a I-539 to extend her I-94? not sure how long that takes either

Edited May 8, 2020 by jaxe

[HRQX 4,145]

5 minutes ago, jaxe said:

So, there will be a time period between sending the packet and USCIS receiving it where technically, she'd not have legal status. 

Correct. But that is very common and isn't an issue for I-485 approval.

5 minutes ago, jaxe said:

is it necessary to file a I-539 to extend her I-94?

Not necessary. See below:

13 minutes ago, HRQX said:

The electronic I-94 is still accepted if expired. They just want to confirm she entered the US legally.

 

Edited May 8, 2020 by HRQX

[jaxe 1]

3 minutes ago, HRQX said:

Correct. But that is very common and isn't an issue for I-485 approval.

So if my wife gets detained for whatever reason prior to USCIS receiving the packet, can she get deported and visa cancelled? what can happen? we don't want to break laws.. that border patrol agent we saw right now scared the ####### out of us saying she'll be here illegally and that she needs to leave prior to. 

 

If we send the I-539 next week, do you know approx. how long it takes for the USCIS to confirm I-485 as received? Will it matter if she's been here for weeks with no status?

 

Thank you, I really appreciate the help. Sorry.. i'm freaking out. 

[HRQX 4,145]

7 minutes ago, jaxe said:

So if my wife gets detained

Do you live extremely close to the southern border and regularly encounter BP officers? Because in general the risk is very, very low.

9 minutes ago, jaxe said:

what can happen?

Different scenarios are possible but as a spouse of a US citizen she has many more paths to success than immigrants that aren't immediate relatives of US citizen.

[portorusa 431]

My husband’s ESTA also expires this coming Sunday. We filed I485 two weeks ago but haven’t received NOA yet. And on Sunday we will be passing through Border Patrol checkpoint and it makes us nervous. 

We filed for Satisfactory Departure with BP of his point of entry. However, our request was rejected...they require too many docs as proof and it’s hard to provide them that quickly.

OP, I understand your concern. Theoretically the risk of arrest and deportation is low. But with the current President and his Administration how one can be sure in anything ?

.

[jaxe 1]

37 minutes ago, HRQX said:

Do you live extremely close to the southern border and regularly encounter BP officers? Because in general the risk is very, very low.

Different scenarios are possible but as a spouse of a US citizen she has many more paths to success than immigrants that aren't immediate relatives of US citizen.

 

at the interview, do they not notice that the packet was received after the I-94 expired? 

[HRQX 4,145]

3 minutes ago, jaxe said:

at the interview, do they not notice that the packet was received after the I-94 expired? 

They notice but it's irrelevant because that adjustment bar doesn't apply to her case: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

[Duke & Marie 1,389]

The best thing you can do is file AOS as soon as possible, it will take a few weeks to get NOA1 back at which point she is in a period of authorised stay until the AOS has been adjudicated..