doubts on I-485

[karlabb 0]

Hi.My name is Karla. I'm brazilian but I have an Italian Citizenship.

In 2010 I came to study and I got the student visa on my brazilian passport. But the last time I entered in the country was on January 23,2012 and I used my Italian passport, so I didnt need to get a I-94 visa....I entered using the "ESTA".They got me until April 21 to stay... I got married in April, and now my stamp is expired.

Now im having some problems to fill the I-485...

What should I write on the I-94 space??

Whats my current USCIS status?

expires on?

Nommigrant visa number? since i dont have on the passport i entered the last time, because i used the esta and didnt need a visa. just have the student visa on brazilian passport...

Thanks.

[zibrnp 2]

Hi,

It looks that you overstayed your ESTA.

I think that you are out of status, the good news is that you are not considered as illegal alien because 180 days did not pass since April 21, 2012.

I believe that you can not use your F1 visa.

Do you have I-20? What is the date on it?

Regards

[Little_My 464]

Your status is what you last entered under - so in this case, VWP/tourist. What I am a bit confused about is why you didn't return with the F1 if that visa was still valid and you were/are (?) still studying in the US - but in any case, if you didn't use the F1 to enter,you're not here under F1 status. You can just write N/A for those that don't apply to VWP entry, such as visa number. Your authorized stay expired when your 90 days under VWP were up.

[karlabb 0]

Hi,

It looks that you overstayed your ESTA.

I think that you are out of status, the good news is that you are not considered as illegal alien because 180 days did not pass since April 21, 2012.

I believe that you can not use your F1 visa.

Do you have I-20? What is the date on it?

Regards

Thank you so much. No I dont have an I-20 just the ESTA. Italians do not need an I-94 just the ESTA... that is a autrization to come here, and then when u get at the airport, they ask too many questions and then stamp the passport... so, what should I write on those blankets? The 1-94 one and the USCIS STATUS?

thank you so much!!

[zibrnp 2]

I'm confused because you said that you had student visa. It had to be F-1 visa and if you had it school issued I-20. This is how F-1 visa works.

If you entered USA on ESTA your F-1 is not valid anymore.

In my opinion you do not have any status and I would write I-94 not available.

You are married to USC so your status would be adjusted but I would speak to the attorney.

[Harpa Timsah 13,258]

Thank you so much. No I dont have an I-20 just the ESTA. Italians do not need an I-94 just the ESTA... that is a autrization to come here, and then when u get at the airport, they ask too many questions and then stamp the passport... so, what should I write on those blankets? The 1-94 one and the USCIS STATUS?

thank you so much!!

Your I-94 is "none." You status is VIsa Waiver Program visitor.

If you are going to be successful in this process, you'll have to know what you have, and answer the questions appropriately. You do not have an I-94, right? So you write "none." Just answer the question.