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Marriage To An Immigrant With An Expired I-94

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  • 05-16-2006, 05:20 PM
    njatlb
    Marriage To An Immigrant With An Expired I-94
    I just married an African immigrant who entered the US on a B1/B2 visa. His I-94 has expired and it has been over 6 months ago. His passport is to expire within 10 days. I do not have the income that qualifies me for a sponsor and we are not able to find anyone who will sponsor us. What can we do? If we do not file, what will happen? Also, I am on disability. I have a hearing impairment. Is there any exceptions. If we do find sponsor, do I qualify for FEE WAIVER?
  • 05-16-2006, 08:39 PM
    Mr. Knowitall
    Re: Marriage to Immigrant with expired I-94
    Normal procedure would be to file an I-130 petition for Alien Relative, and I-485 application for permanent residence. If you are unwilling or unable to do so, your spouse should consider consulting an immigration lawyer about other possibilities.
  • 05-17-2006, 08:05 AM
    njatlb
    Re: Marriage to Immigrant with expired I-94
    We are attempting to do that; however since I am disabled and receive federal public-means tested benefits and I live in Section 8 housing, is he able to reside with me? How does that effect the application?
  • 05-17-2006, 08:05 AM
    njatlb
    Re: Marriage to Immigrant with expired I-94
    What are the other possibilities please?
  • 05-17-2006, 08:16 AM
    Mr. Knowitall
    Re: Marriage to Immigrant with expired I-94
    He's out-of-status, so if he leaves the country he may face a period of exclusion. You are unwilling or unable to seek to adjust his status on the basis of marriage. That limits his options. He was here on a business travel visa, so presumably he is capable of working. He should consult an immigration lawyer.

    Your housing subsidy may be affected by your household income, if you aren't reporting income he's bringing into your household. But that has nothing to do with his qualification to immigrate.
  • 05-17-2006, 11:03 AM
    njatlb
    Re: Marriage to Immigrant with expired I-94
    Thank u for ur assistance. I must ask you another question. I thought unless immigrant had some form of paper, they could not work legally in the US and that form is given when application is accepted.

    We have to file all the paper simultaneously because of out-of status situation. If we do find a sponsor would everything be as it should be.
  • 05-17-2006, 12:44 PM
    Mr. Knowitall
    Re: Marriage to Immigrant with expired I-94
    You stated that he came here on a business visa. That's different from an employment visa - presumably he claimed that he had business to conduct within the U.S. (e.g., a foreign business person who has a meeting in the U.S. to facilitate a business transation) and got the visa on that basis. That certainly gives him no right to illegally seek employment within the U.S.
  • 05-17-2006, 12:59 PM
    njatlb
    Re: Marriage to Immigrant with expired I-94
    He came on a B1/B2 Visa. I-94 expired 3 months after being here. He failed to renew it. His passport is to expire May 25. We are newlyweds. I don't have income to sponsor so we must find eligible sponsor. Since it is over six months and he is out-of-status, will our petition be accepted if we do find sponsor?

    Also, I found out about the fee waiver that I might qualify for. Is that just for me when I file I-130 (we have to file all paperwork together) or does that apply to the whole package (I-465, I864, I-765, etc)?

    Thanks for ur help sir.
  • 12-13-2006, 11:12 AM
    PACZKI
    Re: Marriage to Immigrant with expired I-94
    I have a similar issue too, I am an American citizen and my girlfriend is a foreigner, her I-94 expired on 6 Dec 2006, so we filling I-I539 for an extension of stay, but still not yet received any confirmation from USCIS. We are planning to get married by this month. My concern is, can we get married with her expired I-94? and the filling for an extension has not be approved yet? I am seeking for your kind advise. I am lost..
    thanks
  • 12-13-2006, 11:16 AM
    Mr. Knowitall
    Re: Marriage to Immigrant with expired I-94
    You give no information about her visa type or status. But yes, you can marry her, and if she entered the U.S. legally she should be eligible for an adjustment of status on the basis of the marriage.
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