QUESTION
I'm filing the I-130, but if I attach the current I-94, it will show as if she isn't authorized to be here, what should I do?
Asked on Aug 02nd, 2017 on Immigration - Georgia
More details to this question:
I'm filing an I-130, and it requests I attach my girlfriend’s I-94. I retrieved the I-94 via the CBP website; however, the arrival and permitted departure date isn't updated. You see, on the I-94 she came in February, and it states she needs to leave by August 5th. However, since she went out and re entered the US, on her passport, it shows that she is allowed to stay here until December.
1 ANSWER
Significantly more information is needed in order to provide a legal analysis of the issues you raised. Of course, there is no visa category by which someone may file a Form I-130 Petition for Relative Alien for a girlfriend, and it does not sound like you are discussing an application for a K-1 visa for a fianc?e located outside of the U.S. There really is no substitute for you and your girlfriend to consult with an immigration attorney who, after learning all of the relevant information (including information about you, about your girlfriend, about your girlfriend's immigration-related history, about your goals, etc.), could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Oct 12th, 2017 at 6:42 PM