My wife(US citizen) is applying for AOS for myself( currently working on h1b) and my 2 kids(h4).
She is not working and i am planning to use my income on Affidavit of support for this application as indenting immigrant.
I need to attached I-94 copy to the documentation of I-485. I had got my h1b extended from 22Sep2015 to 22Sep2016 and also have I-797(with I-94 at the bottom).
The burden is yours to prove legal entry. How you do that is a call you need to make on your own or with your immigration lawyer, which is always the best.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
It is important to show that you first entered the country lawfully. Applying for a green card is a complicated process and it is a smart investment to have an attorney assist you.
Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
Either one should do, since only need to prove lawful admission into the US. You would be wise to work with an attorney, however. The road to "marriage-based green card" can be perilous and full of traps for the unwary.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The I-94 Arrival/Departure record is needed to prove that you entered the U.S. legally. I recommend attaching a print-out of the old I-94 Arrival/Departure record that is available online and the I-797 Approval Notice to establish that you have been maintaining valid immigration status in the U.S. There is no harm in attaching both.
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