I-94 for I-130 if filing in the USA

[zeven1]

Hello Everyone!

I have a question: if I enter the United States with ESTA to marry my soon-to-be spouse and then file I-130 with my attorney within the United States (so before leaving under ESTA), would in this case I-94 mandatory? Like I am filing in the USA but I am not doing any Adjustment of Status just marrying, file I-130 and and wait the long 6-9 months period outside the U.S. while after that continuing the whole process outside the U.S.

I am asking this because my attorney said that if we are filing the I-130 when I am in the U.S. they need the I-94. Is that correct?

Thank you in advance!

[newacct]

Yes, if you are in the US at your spouse files the I-130 they need to enter your I-94. And as you entered legally you will have an I-94.

[zeven1]

Yes, if you are in the US at your spouse files the I-130 they need to enter your I-94. And as you entered legally you will have an I-94.

Yes, perfect! Wouldn't that raise any eyebrow to USCIS when reviewing the I-130 the fact I entered with ESTA, married and file I-130 and then left U.S.?

[newacct]

Wouldn't that raise any eyebrow to USCIS when reviewing the I-130 the fact I entered with ESTA, married and file I-130 and then left U.S.?

No. It's perfectly normal.

[jak5855kel]

F-1 adjustment of status through Marriage red flags

I am on F-1 student visa and I came to the U.S. in January 2016. I stayed in school and in September 2016 I met my now wife. We dated for 3 months then got engaged in November. We then got married December 17th. We live together and she has a son from another relationship (not marriage). This is our first marriage. I applied for AOS in April 2017. Do you think there is a red flag or a problem here? We have joint bank accounts, pics, letter from friends and family, joint tax returns, letter from landlord.etc. Please let me know.
Thank you.