What to do about a B1/B2 visa and an expired I-94?

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What to do about a B1/B2 visa and an expired I-94?

My wife and I got married while I was in the Military stationed in Japan. She is a Philipinnes citizen. After we were married we had that great earthquake in japan and she was able to get a B1/B2 visa for an emergency evacuation. She has been in the US ever since then. Her I-94 is expired. Her form I-130 has been approved and we have been saving up money to file the form I-485. Is this the correct way to handle this? Is it OK that her visa is a B1/B2 and that her I-94 is expired?

Asked on August 5, 2014 under Immigration Law, Louisiana

Answers:

Theresa Langford / Theresa C. Langford, Attorney at Law

Answered 7 years ago | Contributor

Are you an American citizen?  If so, you should be fine - but the I485 should have been filed at the same time as the I130.  File it asap.  Many times a qualified immigration attorney will review your file to determine your situation for a consultation fee, usually around $200.  You have a lot at stake here, and should make the investment to be sure she is on the right track, and not at risk. Good luck.


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