Just got married.

[Myopia 93]

Hi,

That's the thing, there is no date stating when I'm supposed to leave...

so that is why im confused what to put in that field on the I-130 form.

Thanks for the help!

As far as I know you can to a deferred inspection site for them to correct the stamp and give you a date. You are right that the I-130 asks for the date the visa expires,

[mrs.T 1]

Ok dont get confused. It doesnt matter when you arrived. You usually get 6 months on a B1/B2 visa so your time has either run out or is about to run aboutm but it is ok.

Like you said "usually" but not always! It's up to POE officer!

Don't you think that a marriage that took place on or after overstay can be suspicious to USCIS?

ok, since you seem to have all the right answers, maybe you can asnwer his question:

what date to put in the I130 form, regarding last visit in US date of entry / date that he's suppose to leave, as stated on the I94 that he claims he doesn't have?!?

[mrs.T 1]

I came here in September 2010

And i don't have a stamp on my visa/passport with the date! There is a stamp, but only the date i arrived is in it!

September....and you got married 1 month ago (Feb.) what if you were already out of status when you got married, than what?!

How long did you think you were alowwed to stay (even if you don't have a departure date) did you think that you can just stay because they didn't stamp it?!

I've had a few B2 entries in the past, never got more than 3 months!

[ValerieA 350]

Myopia is entirely correct, as spouse of a US citizen, if there are no overriding negative factors (which there doesn't seem to be here), overstay is forgiven if you have entered on a visa.

[ValerieA 350]

Just to check, they haven't made an error and written D/S on your I-94, have they?

[Myopia 93]

Like you said "usually" but not always! It's up to POE officer!

Don't you think that a marriage that took place on or after overstay can be suspicious to USCIS?

ok, since you seem to have all the right answers, maybe you can asnwer his question:

what date to put in the I130 form, regarding last visit in US date of entry / date that he's suppose to leave, as stated on the I94 that he claims he doesn't have?!?

I understand that for you, who went through the CR1 process, it can be a little disconcerting to know that there are people who have been able to come to the USA and marry their spouse whilst here and then adjust their status but that is just how it is.

I don't have all the answers so if you have anything beneficial to add, dont let my answers prevent you from contributing.

He may have to pay a fee to get a replacement I-94.

[Little_My 464]

I would say you have three options:

1. Leave the box on I-130 empty (or hand write "None" in it) and attach a separate sheet explaining your I-94 does not have a date, and attach an additional copy of your I-94 to that explanation as proof. Hope for the best.

2.Go back to where ever your original POE was, go to deferred inspection and get them to fix it. Deferred inspection tends to work slow (based on my experience) so make sure you have plenty of time to wait around..

3. Call USCIS, explain situation, ask them what to do.

IOs make mistakes all the time. Unfortunately it is often the visitor / immigrant who has to deal with the aftermath and take care of the mistake.

And, echoing people before me - you are not a VWP, you entered with a valid visa. Your overstay is forgiven now that you are submitting AOS based on marriage to USC. They might ask you some questions about the whole intent-business, so just be prepared.. but I agree with Myopia. No need to go for the worst possible outcome here. Just fill out your paperwork carefully, be prepared for difficult questions, be honest, and you'll be fine.

[Harpa Timsah 13,258]

Andy, I am pretty sure you were given six months to stay. For the question you are asking about, I would either put 6 months OR leave it blank, but for both choices, explain the situation on a separate piece of paper. Did you look in your passport carefully? Your I-94 card should say the day you were supposed to leave (the little white thing). There may also be another stamp in your passport (maybe check under your I-94 card?)

Keep in mind, that if you go this route, you will not be able to leave the US until you get your temporary travel document, called Advance Parole (AP). (More specifically, you can leave, but you will be abandoning your I-485 application (throw away $1070) and need to come back on a spouse visa and wait for that). AP usually takes about 3 months. Once you get your GC, the travel document is no longer needed, because the GC gives you travel and work rights. Good luck.

[mrs.T 1]

I understand that for you, who went through the CR1 process, it can be a little disconcerting to know that there are people who have been able to come to the USA and marry their spouse whilst here and then adjust their status but that is just how it is.

I don't have all the answers so if you have anything beneficial to add, dont let my answers prevent you from contributing.

He may have to pay a fee to get a replacement I-94.

That would be K1 visa from the legal point of view! B2(tourist) doesn't allow you to marry your financee!Let me remind you that intent of marriage on visa other than K1 it's a fraud! Entering on a B2 visa with the intention of overstay is a fraud! Did he really need 6 months to pass before he realized that he needs to leave...?!

Visa it's privilege not a right! You can use it not abuse it!

Often times it's the shortcuts that make life more complicated.

Yes, I went though CR1!Long way, but the legal way!

[mrs.T 1]

I understand that for you, who went through the CR1 process, it can be a little disconcerting to

I forgot to answer your first "question"

This was originally posted on spousal visas thread! I got to answer first, than the OP moved it to the proper place!

[Myopia 93]

That would be K1 visa from the legal point of view! B2(tourist) doesn't allow you to marry your financee!Let me remind you that intent of marriage on visa other than K1 it's a fraud! Entering on a B2 visa with the intention of overstay is a fraud! Did he really need 6 months to pass before he realized that he needs to leave...?!

Visa it's privilege not a right! You can use it not abuse it!

Often times it's the shortcuts that make life more complicated.

Yes, I went though CR1!Long way, but the legal way!

It's all about intent. If you intend to come to the US in order to shortcut the visa process and marry someone then yes, that would be fraud.

If you come to the US to visit your girlfriend and decide that you want to make her your wife there and then, then no that is not fraud.

The second way, thankfully, USCIS understand and allow you to adjust within the US. Of course there are pitfalls, least of all the inability to work, or travel outside of the US if you have overstayed but it is allowed and I think its a good thing.

Good for you that you went through CR1 and good for the rest that have been given the opportunity to adjust within the US.

[ValerieA 350]

Just to clarify, in case there is someone new who reads this thread...entering on a B2 with the intent to marry is NOT fraud. Entering on a B2 with the intent to immigrate is. Also, AOS is perfectly legal, otherwise they wouldn't allow it.

[Myopia 93]

Just to clarify, in case there is someone new who reads this thread...entering on a B2 with the intent to marry is NOT fraud. Entering on a B2 with the intent to immigrate is. Also, AOS is perfectly legal, otherwise they wouldn't allow it.

Oh goodness. Thanks for your clarity. I meant "and immigrate". Oops.

[ValerieA 350]

Oh goodness. Thanks for your clarity. I meant "and immigrate". Oops.

I knew that. Lots of people come to the US - say, Vegas - with the intent of getting married. I myself got married in New York State while still living in Canada, there were no issues at the border.

[Brother Hesekiel 2,236]

Andy,

I'm sure you must be scratching your head right now. I know I'm close to getting a headache.

Intent, overstay, date on I-94, even working without authorization . . . none of this matters since Julie entered "with inspection" (a visa).

You can adjust status without problems. Attach a copy of your I-94, that covers the non-existing expiration date.

One thing you don't want to do is go to the airport and ask an immigration officer to give you a deferred inspection. It's like going into a lions den and stepping on the lion's tail, figuring out if he would hurt you. Bad idea.

Basically, Harpa Timsah said it all.