Help!! Should we renew I-94??

[FRISBEEMAN 0]

My fiancee came to the US on a visitor B1/B2 visa. We married here in January 2012 and filed for AOS soon after. Her I-94 expires in June 2012. We have had biometrics taken three weeks ago, and are still awaiting for a response. Should we have her I-94 renewed, or is filing for AOS sufficient to keep her here legally??? Please help!!

[Gary and Alla 3,694]

My fiancee came to the US on a visitor B1/B2 visa. We married here in January 2012 and filed for AOS soon after. Her I-94 expires in June 2012. We have had biometrics taken three weeks ago, and are still awaiting for a response. Should we have her I-94 renewed, or is filing for AOS sufficient to keep her here legally??? Please help!!

No need to renew anything. Her filing the AOS is all you need. Keep a copy of the receipt notice.

PS She MUST NOT LEAVE the USA until her green card is in her hand. She has no means to re-enter if she does.

Edited April 30, 2012 by Gary and Alla

[Tygrys 143]

My fiancee came to the US on a visitor B1/B2 visa. We married here in January 2012 and filed for AOS soon after. Her I-94 expires in June 2012. We have had biometrics taken three weeks ago, and are still awaiting for a response. Should we have her I-94 renewed, or is filing for AOS sufficient to keep her here legally??? Please help!!

Pretty quick change of intent after tourist entry, huh? Something to explain to IO at the AOS interview.

[Gary and Alla 3,694]

Re-reading your post. You refer to her as "Fiancee". Why? You are married, she is your WIFE, right?

You DO understand that IF she entered the USA with the intent to get married and adjust status, but stated otherwise upon her entry, that her AOS can be denied, she can be deported and banned for life from receiving ANY US visa. Right? You would still be married and she would be unable to live in the USA

My concern is by what token do you refer to her as "fiancee"? This would indicate to me you intended to commit visa fraud. Had you already filed an I-129f? I sincerely HOPE you answer "no".

The problem with this "method" is that this woman is going to sleep with you every night for the rest of your natural lives, that is the plan and promise anyway, and be the mother of your children. Yet if she commits a fraud and it is discovered at any time in the future, ANY benefit derived from that fraud, including citizenship, can be revoked at any time. I would not sleep too well knowing my wife and family were in danger like that. For what? To save a few months waiting time?

I am not making any judgements, but it would not be acceptable to me for my family. Not a risk I would take. I always felt very comfortable at any stage because we DID do it by the rules and we ARE in a legitmate marriage/family. There is no reason for us to be denied any benefit and we never were.

[Inky 1,111]

Moved from K-1 to Adjustment of Status from work / student / tourist.

OP is not filing a K-1 but adjustment of status from a tourist visa.

[jdh 103]

Wow....some people need to cool their jets.

Don't worry guys, intent is forgiven for the spouse of US citizens so at this point that doesn't matter. Same as overstay. It would only be an issue if you lied to a border official about the intent and they recorded that lie and could prove that it was a lie at the time and not just something that changed after entry...

In other words...don't sweat it.

Anytime somebody that is aosing posts in the k1 section they seem to get flamed this way because the folks over there don't seem to understand the process outside of how they are doing it.

To answer the original question, as soon as you filed you entered a new legal status. You have no need of an I-94 renewal.

Edited May 1, 2012 by jdh

[Tygrys 143]

Wow....some people need to cool their jets.

Don't worry guys, intent is forgiven for the spouse of US citizens so at this point that doesn't matter. Same as overstay. It would only be an issue if you lied to a border official about the intent and they recorded that lie and could prove that it was a lie at the time and not just something that changed after entry...

In other words...don't sweat it.

Anytime somebody that is aosing posts in the k1 section they seem to get flamed this way because the folks over there don't seem to understand the process outside of how they are doing it.

To answer the original question, as soon as you filed you entered a new legal status. You have no need of an I-94 renewal.

And where did you learn this process so well?

Entering on tourist visa with intent to marry is treated as immigration fraud, is NOT forgiven and may result in a lifetime ban if it comes to light.

Advocating immigration fraud is against TOS on this site.

[jdh 103]

Actually I am not advocating immigration fraud. What I am doing is pointing out the error of the statements that have been made and giving relief to someone who is already in the process.

Regardless of what intent was they have filed AOS and as such are in the process and it is a known fact that along with overstay, intent is forgiven for the spouse of US citizens.

I in no way have advocated committing immigration fraud, but this site is designed to aid and give correct information to people in the process. Fear mongering with incorrect info is not helping anyone.

And I learned this process through due diligence and research. Perhaps you should do the same before lashing out and filling the board with nonsense.

This is especially unnecessary when nothing is known about their particular circumstance.

Edited May 1, 2012 by jdh

[grrrrreat 109]

And where did you learn this process so well?

Entering on tourist visa with intent to marry is treated as immigration fraud, is NOT forgiven and may result in a lifetime ban if it comes to light.

Advocating immigration fraud is against TOS on this site.

Hey guys, poster asked a simple question which was answered adequately: applying for adjustment of status allows the poster to be lawfully present in the U.S. until the application is approved.

Your question about intent and the other poster's response are unnecessary and counterproductive, so let's not post anymore unless it's on topic. Poster never asked about intent to adjust while entering on B1, and we have absolutely no information about the poster's circumstances, so let's not jump to conclusions, okay?