I-484 or I-102

[belinda63 3,051]

It depends wht stage it was at. If it is completely approved then maybe not. If he simply did not complete the processing, as in did not pay the affidavit of support fee, then it is only held for one year. If it was sent overseas to a consular office since they did not file the I-485 with it it would expire if there was no contact with the embassy within one year.

[EM_Vandaveer 2,417]

Let me get your timeline straight...

1. You arrived in June 2011 on the VWP and got married in that same month? Did you enter the US with the intention to do that? If so then you have broken the law

I really wish people on VJ would stop spreading this piece of misinformation. There is NOTHING illegal about getting married in the US on a tourist visa or VWP.

Entering with intent to marry AND STAY/ADJUST STATUS is illegal. Even a so, intent alone will not get an AOS application denied.

2. After 90 days meaning you had already overstayed your VWP your spouse filed the I-130

3. The I-130 was approved on February 7th 2012

Now that it is 2014 nearly 2 years later you are only just looking at filing your I-485 after overstaying your VWP for over 2 years? I know the USCIS will forgive overstaying a visa for a green card but wow no wonder it is so difficult for the rest of us that play by the rules.

In answer to your original question where I assume you are meaning I-485 and not I-484, it isn't a choice between the I-485 and I-102, the I-102 is just if you have misplaced the paper I-94 that they used to staple to your passport but apparently no longer do, the I-485 is to apply for Adjustment Of Status to permanent resident. You didn't lose the I-94 so you don't need to request a replacement.

When was your I-693 completed and sealed by a civiil surgeon? They are only valid for a year so you may need to get another.

Edited January 17, 2014 by EM_Vandaveer

[camerica 60]

Not sure if this helps but you can get your I-94 number online, as far as I know they don't put the paper thing in your passport anymore, it's all done electronically.

I just crossed over in September on a K-1 VISA. I do have the 1-94 stapled into my passport.

[Germanlady 0]

I arrived in the USA in June, 2011 with an ESTA and my husband (American) and I got married in the same month. After 90 days, we applied for I-130 together with G-325a. The petition for Alien spouse was approved on Febuary 7, 2012.

We also completed the I-693, but didn't filed it yet. We nearly completed the I-484, but in this form they are asking the number of my I-94. I didn't got one, a Lawyer told me that they need this number. So I downloaded the I-102 Application for Replacement/Inital Nonimmigrant Arrival - Departparture Document. In this form the Department of Homeland Security is asking my current Nonimmigrant status? I really don't know what to tell them.

My husband is complety overwhelmed with all this applications, so I tried to get some help to understand and to fill out all these forms. I hope that you can help us in this matter.

sincerly

Germanlady

Dec. 3, 2015 = I,m a proud owner of a Perminent Resident Card since Novermer 2014. Thanks to our Attorney of Immigration Law all went well.

[Pitaya 2,577]

~Old thread closed to further postings; OP got their visa~

~If necessary, start a new thread on the topic~

PItaya

VJ Moderation

Edited December 4, 2015 by Pitaya