Urgent Help required

[devilriderman 2]

Hi,

I'm from the UK, in the USA on a Visa Waiver.

I'm filling out an i-130 and an i-485 as I've just married my girlfriend. My passport has a stamp that has the date I entered the US, and the date the vwp runs out.

I have an i-94 but it just has the part I filled out. Nothing on it has been written by immigration, or any stamps etc.

Also, my vwp runs out on Sunday the 2nd March. Do I need to get the forms sent ON that date, or do they need to be AT the appropriate office by then?

Any help would be appreciated!

Thanks in advance!

[Penguin_ie 5,993]

*** moved from K1to AOS from Tourist Visa forum ****

It's nice to send them off before your 90 days expire, but overstay is forgiven for those married to a USC. What you do want to do, especially if you were asked any questions when you first entered, is prepare some proof that your initial intention was just to visit, and not to stay.

[devilriderman 2]

Thanks Pengy! That's very reassuring!

[hmh33 117]

Are you sure you have an I-94? What colour is it?

[Alaska2012 462]

If you entered on VWP you shouldn't have an I-94

[devilriderman 2]

Interesting. It was a few months ago now. It was on a Visa Waiver Program.

I'm sure I filled out a blue customs form, and an i-94, which I still have, but I think I remember being told I only need to fill out the blue customs form. So I just kept the i-94, but immigration didn't do anything with it.

Is that right Alaska?

[hmh33 117]

Visa Waiver travellers are not supposed to fill out or have an I-94 (white). In the past, they used to fill out an I-94W (green). In your case it sounds like you mistakenly filled in part of an I-94 (it would have questions you couldn't answer, such as the date and place your visa was issued). But as long as CBP didn't accept it, it might as well not exist.

So your answer to the questions about your I-94 on the forms you are filing now is "n/a (visa waiver)". Along with every form that asks this question, you should include a photocopy of the stamp in your passport, and a printout of your ESTA.

[devilriderman 2]

Yes, I think you've got it right hmh33. I've seen a similar post where other have done exactly what you said.

My Vwp date runs out on Sunday the 2nd of March. Would it still be on time, if I SEND it before that date, or does it need to arrive at Chicago by then? Any ideas?

[Hypnos 6,576]

It makes no difference.

Even if you overnighted it tomorrow it probably still wouldn't be "officially" accepted before Monday at the earliest.

As has been stated, overstay is irrelevant for immediate relatives of a US citizen; even if you overstay by one day or twenty years it would not hinder your application any.

Edited February 28, 2013 by Hypnos

[Moomin 292]

I did the same when visiting on VWP the very first time and mistakingly fillled out the I94. The CBP officer just stamped it as he would have with any other tourist and then stamped my passport. No biggie.

You could attached a written statement and a copy of the I94 to explain it. n/a VWP is what you're supposed to write on the I485.