I-94 expired - waiting on K-3 visa

[joe dude 0]

I've a situation similar to some I've read, but I'm still in doubt.

My wife and I got married in Febuary of 09. She has a tourist visa and she has left and re-entered many times since then.

I got all the forms ready and money for the fees to adjust her status, but before doing so I spoke with a lawyer who suggest to not adjust status since she has left the US since we've been married.

Her I-94 expired in May of last year and she got another one.

In October I submited the 1-130, got the receipt, and filed the I-129F to get her K-3 visa. The lawyer suggested that it would be better to get a K-3 visa first, then adjust.

Since I filed for the I-130 in October of 09 she has not left the US. In December her I-94 expired and I returned it for her.

We live in San Diego, and people cross the border all the time without getting an I-94.

Right now I'm so confused about the I-94. I'm afraid that if we go down to the border to get her an I-94 that they may take her visa away and that she may even be barred for re-entry. The lawyer I talked to seemed to not understand when I explained this. She suggested to either file for an extention or she return to Mexico and get another I-94. It was 300 dollars to file for an extention and I did not have the money. I don't understand "return to Mexico." Does that mean she crosses the border and goes back again, or go back, find a place, get a job and then go back.

What are the options we have right now? Is it okay that she is here in the US without an I-94? If she tried to get another one, will it affect that fact that we are appyling for a K-3 visa? Everytime we cross, we do so separately as to not cause confusion. She's afraid that if she says she's married that they won't let her enter or they may take her visa away. The visa expired on December 22nd ( I returned it that day) so I don't know if she should go back to Mexico and "pretend" that she was in Mexico and just not say anything or if there is a safer more legal way.

[Bernie C 24]

I've a situation similar to some I've read, but I'm still in doubt.

My wife and I got married in Febuary of 09. She has a tourist visa and she has left and re-entered many times since then.

I got all the forms ready and money for the fees to adjust her status, but before doing so I spoke with a lawyer who suggest to not adjust status since she has left the US since we've been married.

Her I-94 expired in May of last year and she got another one.

In October I submited the 1-130, got the receipt, and filed the I-129F to get her K-3 visa. The lawyer suggested that it would be better to get a K-3 visa first, then adjust.

Since I filed for the I-130 in October of 09 she has not left the US. In December her I-94 expired and I returned it for her.

We live in San Diego, and people cross the border all the time without getting an I-94.

Right now I'm so confused about the I-94. I'm afraid that if we go down to the border to get her an I-94 that they may take her visa away and that she may even be barred for re-entry. The lawyer I talked to seemed to not understand when I explained this. She suggested to either file for an extention or she return to Mexico and get another I-94. It was 300 dollars to file for an extention and I did not have the money. I don't understand "return to Mexico." Does that mean she crosses the border and goes back again, or go back, find a place, get a job and then go back.

What are the options we have right now? Is it okay that she is here in the US without an I-94? If she tried to get another one, will it affect that fact that we are appyling for a K-3 visa? Everytime we cross, we do so separately as to not cause confusion. She's afraid that if she says she's married that they won't let her enter or they may take her visa away. The visa expired on December 22nd ( I returned it that day) so I don't know if she should go back to Mexico and "pretend" that she was in Mexico and just not say anything or if there is a safer more legal way.

A bit confusing! You say she got a new I-94 when the last one expired? Did she return to Mexico and then reenter to get the new I-94. If her I-94 is currently expired then she is in the US illegally. The I-94 is an arrival / departure record and states the date of entry and the date that she must leave. This could be a huge red flag in your process becuase she has not demonstrated a willingness to comply with US law. If you have applied for a K-3 visa and they will still allow visitor visa and she does things legally there should be no problem with going back and forth. However it sounds like she is currently here illegally. I think you should do the right thing and follow the rules or you are likely to be digging a deeper and deeper hole. Hopefully someone with experience in your specific application can provide some better advice.

[joe dude 0]

So an I-94 is needed, even if you within a few miles of the US? It was my understanding that you can enter and leave without needed an I-94, unless your going a few hundered miles into the United States. It's really hard, because she has no home address, she is staying with me. If she applied for a new I-94, she has no evidence that she lives in Mexico (since she doesn't). That's why I wonder what CBP needs. Do they receipts with her name on it? Even if she was in Mexico staying with her sister, she still wouldn't have anything tying her to Mexico, such as a lease with her name on it, electric bills, etc.

I put on her application for the I-130 that she has no address abroad and that she lives here in the US. For the I-129F, I put that we live together in the US. I'm worried that when we go to get another I-94, (meaning she lives in Mexico visiting the US) it might come back to us in the Interview. They may wonder how she got another I-94 if she was living in the US. But at the same time, it sounds like she needs an I-94 to be in the US and that she is here illegally.

I hope that clear things up. I don't see how she can apply for another I-94 if she doesn't have a residence in Mexico. Does anyone have any suggestion on the most legal way of getting an I-94?

As far as being banned from re-entery, is that when she is adjusting for status (I-485)? So she can leave and re-enter the US right now?

[ManInCalifornia 0]

I've a situation similar to some I've read, but I'm still in doubt.

My wife and I got married in Febuary of 09. She has a tourist visa and she has left and re-entered many times since then.

I got all the forms ready and money for the fees to adjust her status, but before doing so I spoke with a lawyer who suggest to not adjust status since she has left the US since we've been married.

Her I-94 expired in May of last year and she got another one.

In October I submited the 1-130, got the receipt, and filed the I-129F to get her K-3 visa. The lawyer suggested that it would be better to get a K-3 visa first, then adjust.

Since I filed for the I-130 in October of 09 she has not left the US. In December her I-94 expired and I returned it for her.

We live in San Diego, and people cross the border all the time without getting an I-94.

Right now I'm so confused about the I-94. I'm afraid that if we go down to the border to get her an I-94 that they may take her visa away and that she may even be barred for re-entry. The lawyer I talked to seemed to not understand when I explained this. She suggested to either file for an extention or she return to Mexico and get another I-94. It was 300 dollars to file for an extention and I did not have the money. I don't understand "return to Mexico." Does that mean she crosses the border and goes back again, or go back, find a place, get a job and then go back.

What are the options we have right now? Is it okay that she is here in the US without an I-94? If she tried to get another one, will it affect that fact that we are appyling for a K-3 visa? Everytime we cross, we do so separately as to not cause confusion. She's afraid that if she says she's married that they won't let her enter or they may take her visa away. The visa expired on December 22nd ( I returned it that day) so I don't know if she should go back to Mexico and "pretend" that she was in Mexico and just not say anything or if there is a safer more legal way.

Hello my first post here.

My wife (now) came to U.S. on a tourist visa back in March 2009. We have been dating for the past 3 years. I have been to Russian 5 times and I just couldn't do this anymore. So I proposed while she was here and we discussed a lot and decided to get married and live here together.

Then I filed I-130, I-131, I-485, I-693, I-765, I-864, G-325A all together in Aug. 2009. Her I-94 expired during this process, but her case was already in the USCIS office and pending, so that was not a problem at all. I did not file I-129F. I went straight to AOS and didn't use a lawyer. I carefully read all the instructions and forum posts. Then, we had an interview in the Beginning of Dec. 2009 and our case got approved. A green card (2 years) arriced around middle of Dec. 2009.

My understanding is:

While you are waiting for your petition, she should not leave the country unless she already has an advance parole document approved. With this approved advanced parole document, she can travel.

[Bernie C 24]

So an I-94 is needed, even if you within a few miles of the US? It was my understanding that you can enter and leave without needed an I-94, unless your going a few hundered miles into the United States. It's really hard, because she has no home address, she is staying with me. If she applied for a new I-94, she has no evidence that she lives in Mexico (since she doesn't). That's why I wonder what CBP needs. Do they receipts with her name on it? Even if she was in Mexico staying with her sister, she still wouldn't have anything tying her to Mexico, such as a lease with her name on it, electric bills, etc.

I put on her application for the I-130 that she has no address abroad and that she lives here in the US. For the I-129F, I put that we live together in the US. I'm worried that when we go to get another I-94, (meaning she lives in Mexico visiting the US) it might come back to us in the Interview. They may wonder how she got another I-94 if she was living in the US. But at the same time, it sounds like she needs an I-94 to be in the US and that she is here illegally.

I hope that clear things up. I don't see how she can apply for another I-94 if she doesn't have a residence in Mexico. Does anyone have any suggestion on the most legal way of getting an I-94?

As far as being banned from re-entery, is that when she is adjusting for status (I-485)? So she can leave and re-enter the US right now?

Wow, I'm afraid I'll have to defaut you to some more experienced people. Not sure how that all works if the beneficiary has no permanent address outside the US. I didnt think a US address listed as a permanent address would be legal since she is not a here on any current legal basis. Unless its allowable if you file the appropriate forms as stated in Manin California's post. I am totally clueless and dont want to say anything incorrect to confuse things. Hope someone can help you sort things out.

[joe dude 0]

I was planning on doing what ManInCalifronia suggested, but a lawyer suggested that I didn't, since she'd left the US after we got married. I'm very confused with a lot of these processes. There are something that CBP won't allow, but they're technically not illegal. For example, she can marry me and stay with me in the US, but she can't me in the truck when I'm crossing the border. I'm afraid that if I get another I94 that she'll need to provide evidence that she lives in the US. She wants me to forge some documents, but that even worst! Evenmore so because that may come back and bite me in the rear later.

[belinda63 3,051]

Joe i can't really speak for everything you have written but I can point out some flaws. First she cannot legally live with you in the US without permission from the government, ie a visa or green card. She came on a tourist visa and has overstayed her visit so she is now here illegally. For the K-3 visa she must interview in Mexico, this is a visa allowing her to immigrate from Mexico to the US, the proper procedure would have been what you said initially, file for AOS, but I am not really sure if this would have worked either since she committed immigration fraud when she entered the US on a tourist visa with the intent to immigrate.

This is a huge can of worms and I am not really sure what your attorney was advising, I can only assume that he wanted her to return to Mexico and remain there, only visiting on a tourist visa, while her K-3 was pending which is perfectly legal.

How to put the cat back in the bag at this point? I'm not really sure but I do know the longer she stays in the US out of status the greater a bar to re-entry she will incur.