From Visa to Temporary Protected Status to I-130 Greencard
Hello!
My wife entered the country back in 2000 with a Visitor visa from Haiti, she received but lost her i-94, but does still have her passport with stamp.
When her visa expired she was eliglbe for TPS due to the earthquake in Haiti, and has been on TPS with EAD for the past few years.
We are now married and want to get her green card, so that we don't have to keep refiling for TPS every year.
When she filed for TPS initially, she was not required to produce an I-94, will we now be required to produce one for the I-130?
What I'm afraid of, is if there is a a gap between her Visa expiring and her TPS, will that cause a problem with the adjustment of status?
And do I need to file an I102 to get a copy of the I94 before filing the I130?
If it matters, we were married last October and have a child born in 2011.
TLDR:
1) Do we need an I-94 to file an I-130, if she is currently here via Temporary Protected Status
2) If so, will having a gap between her Visa expiring and her TPS cause any issues?
3) Should I file (and wait for a copy of the i94) before filing for I-130, or file concurerntly?
Any advice is greately appreciated!
Re: From Visa to Temporary Protected Status to I-130 Greencard
An I-94 is irrelevant to the I-130. Proof of lawful entry is required for the I-485, although the passport stamp should suffice.
For AOS from her present, continuing TPS, from what you've told us so far, the gap shouldn't be an issue.
Re: From Visa to Temporary Protected Status to I-130 Greencard
Quote:
Quoting
Mr. Knowitall
An I-94 is irrelevant to the I-130. Proof of lawful entry is required for the I-485, although the passport stamp should suffice.
For AOS from her present, continuing TPS, from what you've told us so far, the gap shouldn't be an issue.
So you think it's okay with the passport stamp to file for the I-130 & I-485, without having to file an I-120 to get a replacement I94?