awaiting greencard

[budo78h 0]

Hi,

I am sorry if I posted this in the wrong board - But I do hope someone can help me with this.

Last may I married my wife in the US. She is an American citizen, and I am Dutch. And we arranged all the paperwork for me to stay. Our lawyer said things should be wrapped up near the end of this year.

However, my question is this - As a Dutch citizen I can enter the US and stay for a maximum of 90 days. For this they have attached the I-94 green form in my passport. Once I leave the country they will take it out. This is to have proof that all tourist leave after 90 days.

Since I plan on staying, I would like to know what will happen to this I-94 form, and what will happen if my 90 days are up in August?

Our lawyer is very hard to reach ever since we paid for her to do our paperwork. So I am a bit worried how this will work out.

I would be very grateful for more info on this matter-

many thanks!

[belinda63 3,041]

Well this is why most people don't use attorneys, they take your money and then are almost impossible to contact.

Did you come on the VWP? Did you file the I-130, I-485, and all the other associated forms along with the affidavit of support and send passport photos? Have you or the attorney received the NOA-1 yet?

We need more info to be able to assist you.

Technically if the AOS package was filed your NOA-1 would be your proof after your I-94 expires that you are pending adjustment of status. Not to say there might not be problems down the road, for example if your AOS is denied then you will accumulate overstay time beginning when your I-94 expired.

[budo78h 0]

Hi thanks for your reply. I arrived on a visa waiver.

I filed for the I-30, I-485 and I-765.

And I went through a medical, I sent out copies of my Dutch passport, and my translated birth certificate.

I received the NOA-1 for all three. But it is very confusing. Which organization should I turn to about the I-94 in my passport. Customs? Or the immigration.

And I have also filled out the online form on the ESTA site - which was done last may, and is now expired.

My wife and I are now thinking of leaving the US for Canada, and then return - so I can stay another 3 months. But this only prolongs the problem. No real solution.

And you are so right about lawyers - Once you pay, they are gone.

Thank you for your help, I hope this is enough info-

[milimelo 4,541]

Hi thanks for your reply. I arrived on a visa waiver.

I filed for the I-30, I-485 and I-765.

And I went through a medical, I sent out copies of my Dutch passport, and my translated birth certificate.

I received the NOA-1 for all three. But it is very confusing. Which organization should I turn to about the I-94 in my passport. Customs? Or the immigration.

And I have also filled out the online form on the ESTA site - which was done last may, and is now expired.

My wife and I are now thinking of leaving the US for Canada, and then return - so I can stay another 3 months. But this only prolongs the problem. No real solution.

And you are so right about lawyers - Once you pay, they are gone.

Thank you for your help, I hope this is enough info-

NO, DON"T leave the country until you have green card in hand. If you leave without Advance Parole (which you haven't filed for), your case will be considered abandonded and you will have to start all over again, this time from the Netherlands. Stay put.

Also, moving this topic to AOS from tourist, student and work visa as you're not K3 Adjustee.

Edited July 22, 2010 by milimelo

[ValerieA 350]

milimelo is correct, do NOT leave the US until your AOS process is completed. You will have to then do the CR-1 process, which is expensive, time-consuming, and you are separated from your wife.

At your AOS interview, they will take your I-94 out of your passport.

[budo78h 0]

Hi, ok thanks for the tip - We were not planning to go back to the Netherlands, just go to Canada so that I can have a new I-94 in my passport - another 90 days.

Ok, so I will stay put and hopefully they will take the I-94 out of my passport during the interview. Do you think it will be a problem, since by then I will have outstayed my 90 days? I know I got married and filed for the paperwork - I am afraid they will give me a hard time for this.

Anyway, very much appreciate all the info you guys provided. To know they will take out the i-94 form at the interview is a big mystery solved for us.

[Leigh Ann 8]

Hi, ok thanks for the tip - We were not planning to go back to the Netherlands, just go to Canada so that I can have a new I-94 in my passport - another 90 days.

Ok, so I will stay put and hopefully they will take the I-94 out of my passport during the interview. Do you think it will be a problem, since by then I will have outstayed my 90 days? I know I got married and filed for the paperwork - I am afraid they will give me a hard time for this.

Anyway, very much appreciate all the info you guys provided. To know they will take out the i-94 form at the interview is a big mystery solved for us.

No, it's not going to be a big deal. Once you file, the clock stops so that you are legally in the country, even after the 90 days is up. They're not going to give you a hard time for being over the 90 days - it should be a non-issue.

[Brother Hesekiel 2,236]

Your I-94 is very important. It's prove at what date you entered the US the last time. They will take it out of your passport at the AOS interview. Mine was 13 years expired and boy was I happy it was still in there.

You cannot leave the country, not even travel to Canada. If you do, you are dead immigration wise. CBP doesn't care that USCIS is working on your AOS application. To make things worse, since you entered as part of the VWP, you fortified any legal means a visa holder has. What that means is that your fate is in the hands of the Immigration Officer who is adjudicating your case. If he says nope, there's nothing you can do but pack your suitcase. With a visa in your passport you could have your day in court in front of an immigration judge, pleading your case.

That's the main disadvantage of the VWP.

[budo78h 0]

Hi everyone,

Thank you for your replies and all the info - So my wife and I have decided to stay in the US until all the paperwork is done. It seems like a really big risk to leave.

I am just a bit annoyed that all this info is so hard to get from the so called official organizations and instead I have to rely on other people's experiences. This I think is a real flaw within this process.

Having said that, thank you again for all your help - you guys really saved us a lot of problems and headache.