AOS from H2B, overstayed VISA, can't access my i-94 to fill in i-130

[claypoole 0]

Hi,

So I arrived legally on a H2B which expired a few months ago. Myself and my wife who is a US citizen were married last month. Now when we're attempting to fill out the i-130 it is requesting my i-94 which I never received and the website to retrieve it cannot retrive mine from my details. What can be done in regards to this. Thank you in advance.

[Harpa Timsah 13,258]

Do you have a stamp in your passport? A paper I-94 stapled in it?

[Hypnos 6,578]

You may need to contact the nearest CBP Deferred Inspection site and see if they can figure out the issue: http://www.cbp.gov/sites/default/files/documents/deferred_inspection_sites_052914.xls

I would be wary of appearing in-person to do this though, since you are out of status and deportable.

Edited September 2, 2014 by Hypnos

[claypoole 0]

No, there is no paper 1-94 stappled in. Just my Visa and then just a blue oval stamp on the page above stating my date of admittence. I've searched everywhere on line and all I can get by way of help is that all i-94s are electronic now.

You may need to contact the nearest CBP Deferred Inspection site and see if they can figure out the issue: http://www.cbp.gov/sites/default/files/documents/deferred_inspection_sites_052914.xls

I would be wary of appearing in-person to do this though, since you are out of status and deportable.

That's my issue naturally, I'm wary of contacting them as I'm at risk of deportation so another way would be preferrable.

[Hypnos 6,578]

Often you can fax details to them and have issues corrected remotely, which I would suggest would be worth looking into.

[Harpa Timsah 13,258]

You just need to prove legal entry for AOS, which you can do with the stamp in your passport.

[claypoole 0]

You just need to prove legal entry for AOS, which you can do with the stamp in your passport.

But then would I leave the i-94 section blank in my i-130 form and just send a copy of my stamp. There's a lot of conflicting advice from different sites so it's hard to know what's acceptable and what's not and unfortunately a lawyer isn't financially viable.

[Harpa Timsah 13,258]

But then would I leave the i-94 section blank in my i-130 form and just send a copy of my stamp. There's a lot of conflicting advice from different sites so it's hard to know what's acceptable and what's not and unfortunately a lawyer isn't financially viable.

Yep, you leave that blank and explain in a note that it is not available. Your stamp is proof of legal entry.

My advice is free. Do with it what you like, but don't complain that it is not to your liking.

Edited September 2, 2014 by Harpa Timsah

[claypoole 0]

Yep, you leave that blank and explain in a note that it is not available. Your stamp is proof of legal entry.

My advice is free. Do with it what you like, but don't complain that it is not to your liking.

Oh I wasn't complaing about your advice, it's just that from the different sites I've gone on too it's quite confusing as people give differing advice and it's hard to know what to make of everything and quite overwhelming as I'm sure you know. Thanks for taking he time to reply.

[Harpa Timsah 13,258]

A lot of sites and advice are to scare you to get you to buy their attorney services.

[Hypnos 6,578]

Certainly you can try doing what Harpa suggested, but I honestly would not be surprised if you still received an RFE for a copy of the I-94, since that seems to be their preferred document for entry.

[kehills 217]

But the RFE would be during the period of authorized stay, since the AOS had been filed, correct? So might be less 'risky'?

[Hypnos 6,578]

Yes, your period of authorised stay would persist until the I-485 was approved or denied.