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I -485 adjustment of status based on marriage

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  • I -485 adjustment of status based on marriage

    I am mexican,, I got married with my husband one week ago here in USA , he was born in USA, I entered the country in 2009 with my valid B-2 Visa and my I-94 ,, I entered by land (tijuana border) my I-94 expired in February 2010 and I lost it,,, I am very confused ,, one lawyer says we can apply here in USA the adjustment of status with my VISA that expires this coming May 2011... and Other lawyer says that withouth the I-94 I can not apply for the adjustment of status,, cause I can not prove that I enter legally,, but I did cause I have a valid visa , the second lawyer says that I can get penalized cause I dont have the I 94 ,,, I do know what to do,, I love my husband our marriage is real, and I am so scared to apply for anything , but I want to have a valid status to be able to travel with him and have a normal life .. somebody can help me to understan what is the real situation,, Can I apply the adjustment of status just with my VISA as the first lawyer says based on the fact that is a valid legal visa to enter united states? What do I do??

  • #2
    Originally posted by winterfun73 View Post
    I am mexican,, I got married with my husband one week ago here in USA , he was born in USA, I entered the country in 2009 with my valid B-2 Visa and my I-94 ,, I entered by land (tijuana border) my I-94 expired in February 2010 and I lost it,,, I am very confused ,, one lawyer says we can apply here in USA the adjustment of status with my VISA that expires this coming May 2011... and Other lawyer says that withouth the I-94 I can not apply for the adjustment of status,, cause I can not prove that I enter legally,, but I did cause I have a valid visa , the second lawyer says that I can get penalized cause I dont have the I 94 ,,, I do know what to do,, I love my husband our marriage is real, and I am so scared to apply for anything , but I want to have a valid status to be able to travel with him and have a normal life .. somebody can help me to understan what is the real situation,, Can I apply the adjustment of status just with my VISA as the first lawyer says based on the fact that is a valid legal visa to enter united states? What do I do??
    Many people lose their I-94 but you have a valid B2 visa If you have overstayed they don't look to kindly to that but as you are married to a USC you will be able to file AOS and adjust status. Just have lots of proof of your marriage and joint accounts and rental lease or mortgage utilities car insurance, health insurance and so on for interview as you are bound to have one.

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    • #3
      I just send the AOS package for my wife she is mexican too and I am us citizen. She only has the b2 visa and does not have the i-94. You should not have any problem filing like that. I asked an immigration officer with and infopass and he said I should not have any problem.

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      • #4
        if you really need the i-94, there is still hope. the uscis has a form called i-102 application for replacement/initial nonimmigrant arrival-departure document which comes with a fee of $330...good luck.. hope all goes well.
        ps this form is available online just like the rest of the forms!

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        • #5
          Lost i-94

          You don't have any problem bro, but if you are so worried you can apply for a copy of your i-94 from USCIS.

          Lionofafrica.

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