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Please help. I-94 expired long ago.

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  • Please help. I-94 expired long ago.

    I am a recent US Citizen through my mother.

    I married my girlfriend who has been living and working in the US for the past ten years on an expired tourist visa. Her I-94 has expired long ago.

    We just recently got married in Reno, NV.

    What forms do we have to fill out in order for her to get a green card?

    I-130?
    485?

    Does the I-130 have to be approved before the 485? Or can I submit them at the same time?

    I have the I-130, but it asks for the I-94 number and expiration date. Will the I-130 be denied since she has been expired for over 5 years?

    Thanks

  • #2
    Refer to the main immihelp page and look for Adjustment of Status. That has details that you are looking for. As long as she entered legally, the I-94 expired does not matter if married to a US Citizen.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Start reading here: https://www.immihelp.com/family-base...ons-in-us.html

      Your wife needs to stop working immediately. Did she pay taxes on these wages? did she obtain a **** SSN?

      She will have to disclose any illegal employment (even though that is not a bar from AOS process) she should not lie about it and she needs to catch up with her IRS taxes if she has not.
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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