If my I-94 expires in one week, I married a US citizen, the form I-693 is not ready yet, should I send the I-130 by itself? 6 Answers as of May 14, 2014

I had the doctor's appointment yesterday and I need vaccination so we are going to be out of time because of the appointments with the doctor and lab. Should we send the I-130 by itself? In order to start a process on time or should I "over stay" a couple of days and send all the forms together? Thank you.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
No, send off everything when you get the medicals. It does not matter if the I-94 expires before you submit the paperwork as long as you are filing on the basis of marriage to a US citizen.
Answer Applies to: California
Replied: 5/14/2014
Law Offices of Christine Green
Law Offices of Christine Green | Christine Green
It is usually better and faster if you submit all the documents in one step (eg. I-130, I-485, I-765, I-693, etc). Since you married a U.S. citizen, your overstay will be forgiven. I would recommend you wait until you get back the medical examination results.
Answer Applies to: California
Replied: 5/6/2014
Law Office of Adebola Asekun | Adebola O. Asekun
Since you came to the U.S. legally with a visa, you should not be concerned that your I-94 expires in a few days. As the spouse of a U.S. citizen the expiry of your I-94 will not result in the denial of your green card if you are otherwise eligible. Instead, you should wait and get all necessary applications and documents to be filed at one time. Apart from an I-94, there are other considerations in the adjustment of status process each of which you need to comply with. They are not addressed in this response. Consult in detail with an experienced immigration attorney who can assist and advise you of each and every requirement for a successful adjustment of status application as it relates to the specific facts of your own situation.
Answer Applies to: New York
Replied: 5/6/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You should file everything at once. There is no penalty for the overstay. And you can even file without the medical exam.
Answer Applies to: California
Replied: 5/6/2014
Law Offices of N.J. SAEH PC | Noel J. Saleh
No wait for the medical exam and file the complete package. Even if you overstay your I-94, as the spouse of a U.S. citizen you remain eligible to file for adjustment of status. If you file the I-130 separately, it does not extend your stay and will only delay and complicate your application for resident status.
Answer Applies to: Michigan
Replied: 5/6/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    There is additional information needed to assess whether you should even be seeking adjustment of status in the United States. Consult an experienced immigration attorney prior to filing.
    Answer Applies to: New York
    Replied: 5/6/2014
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