Is it safe for an overstayed VWP USC spouse to go to an infopass appointment? Posted on July 01, 2011
I entered the USA on a Visa Waiver Program as a tourist ca 4 months ago... and am therefore out-of-status today. I have been preparing the paperwork for permanent residency but noticed that my I-94 form was missing. I need the I-94 form number in order to send in my paperwork. I am married to a US Citizen (been married for 1,5 month). We have already booked an infopass appointment in order to get the I-94 number... is there a chance that they will detain me as I am out-of-status? Also, I am planning on requesting a replacement of my I-94 (with I-102) but that will take at least 2,5 months - which is why I booked the info pass app't to get the I-94 number in order to be able to send in all the forms (I-102 included). I decided not to do the FOIL, as it will easily take up to a year. Am I right that it is NOT a solution to my problem to send all the paperwork together (I-485 + I-864 + I-130 + I-693 + G-325 + I-765 + I-102) WITHOUT having the I-94 number on the forms required to contain it?
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