Can I re-enter to the US with an expired I-94 immigration visa? 1 Answers as of February 14, 2011

Can I re-enter the USA with an expired I-94? I am a Canadian citizen who married a US citizen in the USA 4.5 months after my I-94 expired. We have not filed any change of status papers yet as doing so would void the change of status application/loose the fees paid if I left to work in Canada. I came back to Canada temporarily to work as obviously I cannot work in the USA. I need to know what papers we should be filing while I am here working. Thanks.

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
No, you cannot enter the U.S. with an expired I-94. Also, if you try to enter the U.S. now as a visitor you could have a problem since you are married to a U.S. citizen and you actually do not intend to visit. You spouse needs to file an I-130 petition for an immigrant visa. Once she has the receipt she can also file an I-129F Petition to apply for an K3 visa. This will speed up the process by a couple of months.
Answer Applies to: California
Replied: 2/14/2011
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