Hi,
I legally came to US in 2009 on Visit visa, i stayed for 3 months and then applied for a change in visa to student visa through the student exchange program. I got a reply after 2 months and was rejected. I continued staying in the US thus my I-94 expired. After 4 months of staying without status, i married a US citizen.
I want to ask that can my spouse sponsor me to change my status to green card and will the rejection of the student visa which is also mentioned on the back of my I-94 card(which says I-539 COS/EOS Denied) have any effect on it. Can you please tell me the procedure my wife need to follow (in detail) on how to sponsor me. (Me and my wife are both living in the US together right now).
An early reply would be appreciated .
Thanking You.
You have huge problems facing you dude! How long have you known your wife? When did you come to the US? Month is what I am looking for. IMO, you will have a hard time with USCIS, because you clearly had immigration intention concealed in your tourist adventures. I would prepare for the looming battle...
COS/EOS stands for is No Change of Status, Extension of Stay. This will include a green card petition, but people have been known to test the limits of the law by applying. IF you want to take the fight to USCIS by filing for the green card, the I-94 notes will need to be rendered mute and less important (No COS/EOS). How have you been financing your stay in the US since 2009? Did you have a financial guarantor for your visa?
IF you want to take the fight to USCIS by filing for the green card, the I-94 notes will need to be rendered mute and less important (No COS/EOS).
First off, hes filing an AOS, not COS or EOS. Second, the I-94 annotation cannot eliminate his rights under Section 245 to file an I-485 based on an I-130 filed by his wife.
You are correct in stating that USCIS will be highly suspicious of the validity of the marriage.
I did not marry my wife with the intention of getting a green card. I have a lot of stuff involving pictures and videos of my marriage with all my relative in there to proof that it is a proper marriage and not a fake one. secondly I am an Asian from India, my wife is also from India. I came to US last year in October.
My I-94 doesnt say "No COS/EOS" but it says "I-539 EOS/COS denied" thats is because i applied for the student exchange program by submitting form I-539.
Change of status with I-94 expired