Found an issue on this page? Let us know and we will look into it as soon as possible.
Is family/spousal based i-485 filing allowed when i94 is extended but not stamped?
Anonymous4 views5 answers
We would like to start the family/spousal based i-485 filing. Currently I hold h1b status which is extended to 2018 and the i-797 received includes an extended i-94 in the bottom which is also valid till 2018. However I haven't been out of the country since the extension was approved. My previous i-94 already expired in 4/2015, so did my entry stamp on my passport page. When I go to CBP's website for i-94 printing, it still shows that i-94 passed the old expiration date 04/2015. In this situation, is family/spousal based i-485 filing allowed when i94 is extended but not stamped by having an international trip?
Pedro A. MirandaImmigration AttorneyHollywood, FL ·
If your spouse is a US citizen, the only thing that matters, as far as your presence in the US, is that you entered legally, not whether you are presently in legal status or not. If your husband is not a citizen, only a permanent resident, then you would have to be in legal status to be eligible to adjust.
Your I-707 should have an I-94 record at the bottom of it, which evidences your lawful status in the U.S. You do not need a visa if you are lawfully in the U.S. - the visa is only needed for travel purposes. In any event, if your filing is based on marriage to a U.S. citizen, you could still apply even if your I-94 had expired - which apparently it hasn't in your case, according to your post. The CBP website only records entries to the U.S., not any subsequent extensions of status.
The last FORM I – 94 issued by USCIS replaces the FORM I-94 that was issued by CBP at the port of entry. If you are married to a US citizen, you are able to file for adjustment of status with proof of a lawful entry. Hence, you will need to present to USCIS the original FORM I-94 that was issued by CBP.
Yes, you can file I-485 and CBP website has I-94 dates when you come back from overseas, not the extended I-94. Visa stamps are for travelling and required when you come back. You are in good status, I don't see any problem based on your question. Thanks
Based on the facts that you have described, I do not see a problem with eligibility to file your adjustment of status. If you are still in doubt or do not know how to answer the questions on the form, seek the help of an experienced attorney.
