Expiring I-94 - what to do

[namour7997 2]

hello, i have been a regular visitor of this site, however, this is my first post. I badly need advise regarding my predicament.

My I-94 will be expiring this November, i was suppose to go back home last Oct 15 but decided to stay since i married my USC partner (now spouse) last month. As i have read here, we need to file AOS and I-CR 1 but we can't start due to the following factors: 1) same-sex marriage, 2) living in TX (same-sex marriage not recognized), 3) married at New Mexico (legality of same-sex marriage still being deliberated at Supreme Court), and 4) New Mexico Supreme Court justices will decide anytime before the year ends.

This is making me worry. My spouse is not as worried as i am and seems like taking time to file the papers.

I would appreciate any advise from someone here. Thanks

[Hypnos 6,576]

You have options.

You can:

(i) leave the US.

(ii) wait until New Mexico rules on the legality of same-sex marriage under state law.

(iii) marry again in a state that recognises same-sex marriage.

If you choose to remarry it doesn't matter that you reside in Texas (which, as you say, does not recognise same-sex marriage), you would still be able to file for AoS.

I would add that being out of status sucks, and after living that way for a decade I wholeheartedly do not recommend it.

Edited October 25, 2013 by Hypnos

[namour7997 2]

That was a quick response, among the options you gave my spouse is gearing for the waiting game. I dont want my movements to be restricted but it will be the consequence i will have to face once im out of status. The things one does for love.

Being in a same-sex marriage has its own trouble then add that its bi-national.

[notusinganymore 31]

If you want to remarry WA is open When we applied for our marriage license, there was also a couple of the same sex and they were nice and looked so excited to get married I hope you get a chance to sort things out soon. We got our license from Seattle btw. Good luck!

Edited October 25, 2013 by emmandenn

[Darnell 8,478]

Hiya !

Marry in a state that recognizes SSM, then file the big AOS set (not file for CR-1 visa).

That's it, in a nutshell.

[namour7997 2]

AoS form Part 2 which one should i check if we dont file I-130?

[Hypnos 6,576]

You cannot standalone file an I-485 unless you have another pending or approved immigrant petition.

[Niblet 22]

i suggest leaving the USA-----to avoid a break in status

[newacct 688]

i suggest leaving the USA-----to avoid a break in status

I disagree. They should stay in the U.S., even if they have to go out of status. In the U.S. they can AOS and have a path to a green card. Outside the U.S. they have to go through a long CR-1 process.

[DavenRoxy 1,073]

i suggest leaving the USA-----to avoid a break in status

I disagree. They should stay in the U.S., even if they have to go out of status. In the U.S. they can AOS and have a path to a green card. Outside the U.S. they have to go through a long CR-1 process.

Yeah, I'm with newacct on this. Leaving the US just starts the whole process over. It would be better to drive or fly to a state that will give you a marriage certificate, then proceed with AOS. Waiting until the year ends for the marriage certificate is not that big of a deal. As long as you can show you got married, no one will come looking for you (most likely). Even if you are married, after the I-94 expiration, you are technically out of status, but as I said, no one will be looking for you. I remember some on here not being able to pay for AOS for like a year, and they were fine.

Good luck!

[Darnell 8,478]

AoS form Part 2 which one should i check if we dont file I-130?

Usually, for adjusting from a tourist, work, or student visa,

folk file the I-130 plus the I-485 plus all of the ancillary forms.

I not know of a path where the I-130 is not required. What visa type do you hold, currently ?

[namour7997 2]

Usually, for adjusting from a tourist, work, or student visa,

folk file the I-130 plus the I-485 plus all of the ancillary forms.

I not know of a path where the I-130 is not required. What visa type do you hold, currently ?

B2 visa

[namour7997 2]

Yeah, I'm with newacct on this. Leaving the US just starts the whole process over. It would be better to drive or fly to a state that will give you a marriage certificate, then proceed with AOS. Waiting until the year ends for the marriage certificate is not that big of a deal. As long as you can show you got married, no one will come looking for you (most likely). Even if you are married, after the I-94 expiration, you are technically out of status, but as I said, no one will be looking for you. I remember some on here not being able to pay for AOS for like a year, and they were fine.

Good luck!

Thanks this is very reassuring, hopefully New Mexico supreme court will release their decision so we know how our marriage stands

[Hypnos 6,576]

Why care? Marry in another state and head the problem off at the pass.

[newacct 688]

Why care? Marry in another state and head the problem off at the pass.

Some hypothetical questions about marrying in another state before their first one is decided: If they marry in another state, would they claim to be single? If it turns out that their original marriage was valid, then wouldn't they have lied? Also, wouldn't it be plural marriage? If they file the I-130, what would they claim as the date of marriage? the first or second one? If the put the second one, and the first one turns out to be valid, then wouldn't their second marriage be technically void? and therefore they put the wrong marriage date?