Will the fact that my fiance overstayed on his I-94 stop his immigration? 2 Answers as of March 28, 2011

I'm a U.S citizen and I'm planning to get married to my boyfriend in April. He has an expired I-94 that was supposed to last for 2 months. Will that stop me from filing for him to stay? What do I need to do?

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Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
As a U.S. citizen you can file for your spouse even if his I-94 has expired (special exception). Dont lose the I-94 as this is his proof that he was lawfully admitted and inspected when he entered the U.S.
Answer Applies to: Florida
Replied: 3/28/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
IF he came in on a B1/B2 visa and is marrying a U.S. Citizen, he remains eligible to adjust his status (apply for a Green Card) even though his I-94 has expired. You need to petition him and he needs to file for adjustment of status. These can be done simultaneously in his situation.
Answer Applies to: California
Replied: 3/28/2011
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