Please help!!! I'm stuck!!!!!

[albyyetto]

Me and my wife are stuck filing either the I-130 and the I-485; this is our situation: I am an Italian citizen, she is an American citizen, we got married in Italy and now I'm trying to move in the US.
I personally filed up my I-485, but I'm having trouble with a couple of things:

1) in Part 1 they ask for the I-94 number but I don't have it: i came here with the Visa Waiver Program, and all I remember I've been filing when I was about to land is the Custom Declaration. I read in some websites that your form will be rejected if you don't have the I-94; what can I do about it?

2) Always in Part 1, they ask for my current USCIS Status: what is that, and what am I supposed to answer?

3) in Part 2 they're asking the reason why i am applying for the adjustment as permanent resident, but I can't really find the right answer; the only one that talks about marriage is "c": "entered as a K1 fianceè and then got married inside the States". This is not my case, cause we got married in Italy. Should I mark "h" (Other) in this case? And, if yes, what should i write exactly?

4) in Part 3 they ask for my nonimmigrant visa number and the Consulate where it was issued, but I don't have it since i came through the Visa Waiver Program. What do i write?

About my wife's I-130, these are the points we can't answer:

5) The "C" point asks for my address; do they mean the address in my country of origin, OR the one I am and will be living in the United States?

6) again, this also asks for my I-94: what do I write there, since I don't have it?

7) Number 22 asks if I'm also going to file my I-485 (obviously I am) and, in this case, it asks in which USCIS office I'm going to apply. What's the meaning of this sentence? I think I assumed everything must be mailed to an office in Chicago, what am I supposed to answer?

This is it. I really hope someone could help me as soon as possible and answer all 7 questions, because I'm in a terrible rush and need to file these documents as soon as possible! Thank you so much!!!!!!

[nichole]

You would benefit from having a immigration attorney because the Visa Waiver is for tourists and not for immigration intent. The USCIS has begun cracking down and people have been getting denied lately and deported and some banned from the US if they overstayed their I-94 date. Your lack of understanding the forms plus your status on visa waiver with no I-94 indicates to me you need the guidance of a professional. You could be on slippery ground if you don't do it exactly right and you still could be one of those denied.

Or you go back to Italy before you overstay. Wife files the I-130 with USCIS on your behalf. You would be issued a CR1 visa in Italy after an interview at the US Embassy there. With that visa, you enter the US and will get your Social Security card and greencard in a few weeks with no filing of the I-485. And no fear of being denied and deported.

[barbarajlw]

Me and my wife are stuck filing either the I-130 and the I-485; this is our situation: I am an Italian citizen, she is an American citizen, we got married in Italy and now I'm trying to move in the US.
I personally filed up my I-485, but I'm having trouble with a couple of things:

1) in Part 1 they ask for the I-94 number but I don't have it: i came here with the Visa Waiver Program, and all I remember I've been filing when I was about to land is the Custom Declaration. I read in some websites that your form will be rejected if you don't have the I-94; what can I do about it?

2) Always in Part 1, they ask for my current USCIS Status: what is that, and what am I supposed to answer?

3) in Part 2 they're asking the reason why i am applying for the adjustment as permanent resident, but I can't really find the right answer; the only one that talks about marriage is "c": "entered as a K1 fianceè and then got married inside the States". This is not my case, cause we got married in Italy. Should I mark "h" (Other) in this case? And, if yes, what should i write exactly?

4) in Part 3 they ask for my nonimmigrant visa number and the Consulate where it was issued, but I don't have it since i came through the Visa Waiver Program. What do i write?

About my wife's I-130, these are the points we can't answer:

5) The "C" point asks for my address; do they mean the address in my country of origin, OR the one I am and will be living in the United States?

6) again, this also asks for my I-94: what do I write there, since I don't have it?

7) Number 22 asks if I'm also going to file my I-485 (obviously I am) and, in this case, it asks in which USCIS office I'm going to apply. What's the meaning of this sentence? I think I assumed everything must be mailed to an office in Chicago, what am I supposed to answer?

This is it. I really hope someone could help me as soon as possible and answer all 7 questions, because I'm in a terrible rush and need to file these documents as soon as possible! Thank you so much!!!!!!

Like Nicole said USCIS do not look favourably on VWP overstays and filing for AOS. I suggest you head back to Italy and let her file CR1 spousal visa then you can enter legally and get GC and be able to work too when you arrive back. Or get a lawyer but they are cracking down big time on VWP people AOS as you entered as married and intent to immigrate you can't do that on a VWP.