New York, NY asked in Immigration Law for New York

Q: Does my husband need to file a overstay waiver for me?

I came to the US from Sweden in december 2010 on a 3 month tourist visa.Im not sure if I came with a I-94 or if I used ESTA. But if I had a I-94 they took it and kept it when they inspected me at the border.I overstayed my visa with 5 months and then got married. Me and my husband are now in the process to file the papers for a greencard. I wonder if my husband need to file a waiver for me because I overstayed my visa before we got married?And also if I dont have an I-94, what do I write on the I-485 when they ask for my I-94 number?

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1 Lawyer Answer

Susan Beth Henner

Answered
  • Immigration Law Lawyer
  • White Plains, NY
  • Licensed in New York

A: If you entered with a visa waiver and are married to a citizen you can apply for adjustment of status and a visa. You need not file a special waiver form for this type of case. You may obtain a copy of the I-94 card you used to enter by filing Forn I-102 with the USCIS and providing the date of entry etc on the forms.

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