Old Expired B2 Visa, AOS, married to USC. Questions

[Silvercity 0]

Hello, I came to the U.S. way back in july,6, 1999 when I was 10 years old on a Visa: R Type B2 visa , obviously I have way overstayed that expired visa. Currently I just got married in December to a wonderful supportive lady we’ve been together for approximately two years, she is a born US citizen and we are going to file for my permanent resident card. I’ve been reading the guides and info on this helpful website and got a lot of the information I Need. This post is to clarify what I need to do and a couple specific questions I’m not sure of.

Some extra information about me, I currently have Temporary Protected Status [TPS] (for Haiti from the earthquake incident) since 2010, which have been continuously renewed, so currently I have I have TPS status and a EAD card (expires July of 2017) which I have been working on since 2010.

From the guides and what I read in the forums I would need.

1.     I-130 Petition for Alien Relative

2.     G-325A Biographic Information for myself

3.     G-325A Biographic Information for wife

4.     I-864 Affidavit of Support Under Section 213A of the INA

5.     I-485 Application to Register Permanent Residence or Adjust Status

6.     I-765 Application for Employment Authorization

[ ↑ If any of those are wrong let me know please]

[ ↓ Supporting Documents]

 

1A) On the supporting Documents mentioned on the guides everything is fine for me, except for 1 Thing

* Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form)

Um I do not have that, on the current website to track your last I-94, of course my information is not showing up, because my last entry was way back in 1999 before automation, but I do have on my expired passport the airport stamps from when I Entered on July 6 1999 , are those passport stamps without a I-94 sufficient enough for filing? and is there even an option to get an I-94 from so far back.

2B) For school reasons my wife is not changing her last name to mine for right now. So she has her original last name, does that does have any kind of effect on the process or no. (we live together and have a an apartment lease)

3C) Because I already have an EAD and Temporary status from the TPS, that should not be a problem with filling for permanent residency, right? And I should still fill out a new I-765 to get a new EAD even though the one I have from my TPS is not expired yet?

4C) Since I have Been working 7 years on the US already on my TPS status how does the “40 quarters of work” rule benefits my my wife the petitioner, (not important just wondering)

Sorry the post is so long my case varies slightly because of my TPS status and not Having an I-94, please help me get this right. Any questions and suggestions are welcome Thank You

[talile 6]

54 minutes ago, Silvercity said:

* Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form)

 

Um I do not have that, on the current website to track your last I-94, of course my information is not showing up, because my last entry was way back in 1999 before automation, but I do have on my expired passport the airport stamps from when I Entered on July 6 1999 , are those passport stamps without a I-94 sufficient enough for filing? and is there even an option to get an I-94 from so far back.

Have you tried the online system for I-94 ?

https://i94.cbp.dhs.gov/I94/#/home

 

 

54 minutes ago, Silvercity said:

2B) For school reasons my wife is not changing her last name to mine for right now. So she has her original last name, does that does have any kind of effect on the process or no. (we live together and have a an apartment lease)

That does not matter

 

54 minutes ago, Silvercity said:

3C) Because I already have an EAD and Temporary status from the TPS, that should not be a problem with filling for permanent residency, right? And I should still fill out a new I-765 to get a new EAD even though the one I have from my TPS is not expired yet?

You need a new I765 because your old status will expire when the new one starts. I don't know about id having EAD means the residency is easier...

 

 

I would add that you should create a more detailed list of the forms and attachment, the details are important when you file the documents.

 

Good luck

Tali

 

[Silvercity 0]

46 minutes ago, talile said:

Quote

3C) Because I already have an EAD and Temporary status from the TPS, that should not be a problem with filling for permanent residency, right? And I should still fill out a new I-765 to get a new EAD even though the one I have from my TPS is not expired yet?

You need a new I765 because your old status will expire when the new one starts. I don't know about id having EAD means the residency is easier...

 

 

I would add that you should create a more detailed list of the forms and attachment, the details are important when you file the documents.

 

Good luck

Tali

I have tried the online system, Entered my old expired passport information correctly but no I94 info found. (guessing because its to old, last date of US entry was from july of 1999)

Understood on the EAD, will file for it because i definetly need it

*Im planning on following the guides for the forms and attachement available on this website as close as possible , besides special tweaks that are needed. Thanks

1.	Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*. >> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007).
2.	Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
3.	Form I-485: Petition for Alien Relative
4.	Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps).
5.	Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form)
6.	A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English)
7.	A certified copy of your marriage certificate. (If filing for your spouse)
8.	A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before)
9.	A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)
10.	Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
11.	G-325A filled out, signed and dated.
12.	I-693, Medical Examination of Aliens Seeking Adjustment of Status
13.	I-864, Affidavit of Support (see poverty limits here) >> Include any additional required supporting documentation
14.	I-765, Application for Employment Authorization, if you want to work while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment per USCIS instructions.
15.	I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment per USCIS instructions.
16.	I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10
17.	I-601, Application for Waiver of Grounds of Excludability**, if applicable
	* Fingerprint fee not needed for applicants under 14
	** an I-601 is NO FEE, if, and ONLY if filed WITH an I-485. Later filing DOES require a fee. Whether to file an I-601 is an important decision -- like the J-1, consulation with an attorney is recommended.

[talile 6]

16 hours ago, Silvercity said:

I have tried the online system, Entered my old expired passport information correctly but no I94 info found. (guessing because its to old, last date of US entry was from july of 1999)

I would add the screenshot from the website and the signature from the passport wherever they ask for current I94

 

Tali