Filing for AOS without I-94

[ColombianoGringo 0]

Hi all,

My wife has been in the US since August 2008 on a K-3 visa. She was given an I-94 on her initial entry into thhe US>

We went on vacation to Colombia earlier this year. She left a few days before me and the airline insisted on taking what I think was her I-94( a little printed and stamped piece of cardboard).

When we came back into the country together, we got an agent at Ft. Lauderdale POE that didn't know quite how to handle my wife's K-3. After about 15 minutes of waiting for her to talk to her supervisor, the agent came back, stamped my wife's passport and sent us on our way. Later, I realized that there was no I-94 in her passport. As I mentioned, there is a stamp for the entry, but no additional piece of paper.

We were waiting to do AOS until our second anniversary to avoid having to do removal of conditions later. We are now ready to apply for AOS. I am concerned about the missing I-94.

I understand that you can file an I-102 to request an I-94, but I have read that this can take a while. However, I noticed on the I-102 that one option under Step 2 Reason for Application is "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing

this application together with an application for an extension of stay/change of

status."

Does this mean we can just file the I-102 along with the I-485 package in lieu of the I-94? Would it be better to file the I-102 and wait for the new I-94?

Thanks for any advice. We are not in a huge hurry for EAD, but we would like a SS# so my wife can start taking driving lessons and get a license. You can't get a license in Texas without an SS# even if you have a valid visa.

Thanks for your help.

CG