H2B AJOS, I-94 Expired

[deweyhamilton 0]

Hello,

Long story short, my wife was working at my place of employment on an h2b visa. We fell in love, and got married on August 20th 2015.

She is from South Africa, I am a natural born citizen of the United States. We have been waiting on documents, (birth certificate, family information, etc) from South Africa. Which got lost in the mail and took 45 days to receive.

We now have all items needed to finish everything we think we need. But, as time seems to do, time flew by and now her Visa is expired as of 11/1/15.

I want to make sure I take all steps to make sure she doesn't get into trouble.

12/7/15 We will be able to send everything I think we need to the USCIS LOCKBOX.

Here's what I have so far:

Completed I-130 form, with my birth and marriage certificates copies attached.

G-325 Forms for both of us. Attached are labeled photos

Marital Evidence consisting of shared banking account information, pay stubs reflecting that we live together.

G-1145

I-485 form completed, with copy of her passport all needed pages, copy of her birth certificate, copy of marriage certificate, copy of all previous I-94 information.

I-765 for work authorization (our company has continued to let her work, is that bad??)

I-131 for travel

Please, please any help, information, or any tips anyone can provide will be greatly appreciated.

Thanks in advance.

[Hypnos 6,578]

Follow the guide: http://www.visajourney.com/content/i130guide2

[deweyhamilton 0]

Follow the guide: http://www.visajourney.com/content/i130guide2

if i follow that 100%. Is the expiration of her current visa going to effect anything or do I need to be prepared for them to question it?

The nearest filed office is 15 hours away, with the geometric appointment that I did not know about, is that going to have to take place at a field office?

Im just stressing, and of course she is home sick.

So I want to make sure we are able to get her to South Africa asap to see her family and whatnot.

Thanks everybody.

[deweyhamilton 0]

also, is the I-693 required? i can't find anything on the immigration site asking for it. I believe she had that right before she came here almost a year ago.

[Hypnos 6,578]

Since she's an immediate relative of a US citizen then the expiration of her period of authorised stay (shown on her I-94) is of no consequence; she need only prove that she initially entered legally, which is done by providing a copy of the I-94 itself.

She will need an I-693 medical performed. Since they are only valid for a year from the date they are submitted to USCIS then you may wish to wait and hand-deliver this to your interviewing officer at the interview. Since it's an adjustment from H-2B then an interview is mandatory. Alternatively you can submit the I-693 with the initial submission.

You can see which office USCIS will schedule the biometrics appointment at by entering your zip code into https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC

You can see which office USCIS will schedule your interview at by going to http://www.uscis.gov/about-us/find-uscis-office/field-offices, selecting your state, and finally looking up which office serves your county. Sometimes the biometrics will take place at the same location as the interviewing field office, sometimes not, depending on how close you are to dedicated ASCs.

Edited December 5, 2015 by Hypnos

[Boiler 46,284]

H2b is non immigrant, no medical.