I-94 Question

[usganda 0]

^{When my husband came here he got stamped B-1 Business class on his I-94 but he's only here to visit it should be B-2 Visitor.}

^{In our AOS do we put B-1 according to the I-94 or B-1/B-2 according to his Visa?}

This is for the I-131 Application Part 1. Question 6. Class of Admission

^Thanks

Edited January 7, 2014 by usganda

[tangrien 7]

I don't know the answer, sorry, but out of curiousity what does his electronic I-94 say? https://i94.cbp.dhs.gov/I94/request.html

Again. I can't tell you for certain the answer, but if it is asking what he was admitted under, I'd go with exactly what CBA (US Customs and Border Protection) admitted him under, the B-1. If it was a mistake, you may want to include an attached note trying to explain the situation? I'm interested to hear what others have to say.

[usganda 0]

I don't know the answer, sorry, but out of curiousity what does his electronic I-94 say? https://i94.cbp.dhs.gov/I94/request.html

Again. I can't tell you for certain the answer, but if it is asking what he was admitted under, I'd go with exactly what CBA (US Customs and Border Protection) admitted him under, the B-1. If it was a mistake, you may want to include an attached note trying to explain the situation? I'm interested to hear what others have to say.

It doesn't go through it says that you could only use it of you came here after a certain date of 2011.

Anybody else encountered this? we'll be sending our application this week

I'm also stuck on I-765 question 16. current immigration status.

Please help.

[aussie_jason 195]

It doesn't go through it says that you could only use it of you came here after a certain date of 2011.

So he was admitted on a B1 before 2011 and he is still here?

[usganda 0]

So he was admitted on a B1 before 2011 and he is still here?

Yes, He's applying for AOS.

[aussie_jason 195]

Yes, He's applying for AOS.

So he was admitted over 2 years ago on a visa that is valid for a maximum of 6 months? Technically he is AOS so that would place him under ( c ) ( 9 )for question 16. Did he enter the US on the B1 with the intention to marry you? If so that is another negative against your case.

You are just going to have to fill out the forms honestly based on the facts you have (ie. that regardless of intent he was admitted under B1) and then hope for the best.

EDIT: changed some language that some may have somehow thought wasn't politically correct

Edited January 15, 2014 by aussie_jason

[usganda 0]

So he was admitted over 2 years ago on a visa that is valid for a maximum of 6 months? Technically he is AOS so that would place him under ( c ) ( 9 )for question 16. Did he enter the US on the B1 with the intention to marry you? If so that is another negative against your case.

You are just going to have to fill out the forms honestly based on the facts you have (ie. that regardless of intent he was admitted under B1) and then hope for the best.

EDIT: changed some language that some may have somehow thought wasn't politically correct

He came here 2008 on B-1 and I met him 2011 we got married 2013

We're just confused on his status since its B-1 we can't say he's a tourist. which we thought he was.

[aussie_jason 195]

I wish I had his money to be a tourist for over 5 years... His class of admission is whatever his I-94 says, simple as that.

[usganda 0]

Can anyone help ,on I-485 part 3 question. In what status did you last enter? In our mind he's a visitor. but on the I-94 he's B-1 so what do we put on here?

[aussie_jason 195]

Whatever is on his I-94 is what goes on the I-485, if the I-94 was wrong then he should have disputed it at the time. As it stands you would have no chance of getting that changed.

[usganda 0]

It asks if (Visitor, Student, Exchange Student, Crewman etc) do we just put B-1? that's it?

[aussie_jason 195]

It asks if (Visitor, Student, Exchange Student, Crewman etc) do we just put B-1? that's it?

Just Visitor should be sufficient.

[usganda 0]

Just Visitor should be sufficient.

Even if B-1 is Business?

btw thanks for your replies

[aussie_jason 195]

Even if B-1 is Business?

btw thanks for your replies

Both B1 and B2 are visitor visas, B1 is business and B2 is tourist so visitor is appropriate for both, I would be more worried about the length of time he has overstayed his visa than this whole B1/B2 confusion.

[usganda 0]

Both B1 and B2 are visitor visas, B1 is business and B2 is tourist so visitor is appropriate for both, I would be more worried about the length of time he has overstayed his visa than this whole B1/B2 confusion.

Thanks, Since I'm a USC he wont have any problems with the overstay as far as I know.