LOST MY I-94 before filing for AOS Anyone know what should I do???

[lore 0]

So I already got everything together to file for AOS and I discovered that my I-94 was missing.... I don't know what to do since I have different opinions about it, USCIS says to file without it or to file with the I 102 form which is the form to ask for a copy of your I94... However that process takes at least 5 months... SO WHAT SHOULD I DO???? SHOULD I FILE WITHOUT THE NEW I94? SHOULD I FILE WITH THE I 102 THAT STATES THAT I LOST IT AND AM APPLYING FOR A COPY OF IT???? OF SHOULD I WAIT FOR THE NEW ONE???

[motu 6]

Did you make any copies - you can file with a copy (I have seen a forum topic here within the last week about it.) If not, at least you can file foe AOS at the same time as getting a copy - that's good. (I hope you do know what the I-94 is - its normally stapled to your passport (why would you have removed it?) Good Luck

[Waiting in Vancouver 6]

Didn't they staple it into your passport at your POE ??

[lore 0]

No, they didn't staple it.... I guess my question is, does any K-1 send their I-94 with their AOS Package? or just copies... I don't want to get an RFE and wait longer that's why I want to know what to do.... and speaking to a live inmigration officer is so hard!!!!! The USCIS customer service reallly bites.

[Kez/JWolf 6]

you should file form I-102 and include a copy of that form with your AOS packet.... you should get the I-94 before you go to interview...

Good Luck

Kezzie

[Eveline 9]

I guess my question is, does any K-1 send their I-94 with their AOS Package?

Umm, isn't that the requirement. I have sent several copies of the I 94. Do you have copies of it or not? If now, I'd file the other form and send a copy of that, at least then they know that you did something about it.

[sjoefl01 1]

You just send copies of the I 94 with the package. Never an original. I think the advice you have gotten so far is correct.

[Kez/JWolf 6]

You do not sent the original I-94 with your AOS packet.... it should stay in your passport until you have your AOS interview when if approved it will be removed by the interviewing officer....

So a copy is fine....

If you do have a copy then I would include one with your I-102 form as well as it will make it easier to trace your entry.... and you should get the duplicate I-94 quicker....

Kezzie

[Kathryn41 3,205]

Actually, I did include my original I-94 with the AOS and kept copies here. Most people send copies - but I didn't read the instructions to say that a copy of the I-94 was ok. Others have also included the original. Applications get approved both ways. If the I-94 isn't included with the application, then the interviewer takes it at the interview. You will need to have the replacement, but include the letter requesting the replacement in with your application. Hopefully you will have enough lead time for it to arrive before the interview.

Edited August 30, 2006 by Kathryn41

[rebeccajo 14]

When did you enter the country? Do you know if CBP issued you one?

Depending on the answers to these questions, you may have other options.

[Yodrak 7]

lore,

Read the section of the I-485 instructions that asks for the I-94 carefully. It's short and should be easy to understand.

Then submit your I-485 without further delay.

Yodrak

So I already got everything together to file for AOS and I discovered that my I-94 was missing.... I don't know what to do since I have different opinions about it, USCIS says to file without it or to file with the I 102 form which is the form to ask for a copy of your I94... However that process takes at least 5 months... SO WHAT SHOULD I DO???? SHOULD I FILE WITHOUT THE NEW I94? SHOULD I FILE WITH THE I 102 THAT STATES THAT I LOST IT AND AM APPLYING FOR A COPY OF IT???? OF SHOULD I WAIT FOR THE NEW ONE???

[lore 0]

Yodrak, I read the instructions of the I-485 for K-1 that actually asks for the original I-94, that's why I asked what did other K-1's send... I already sent my AOS package today with my I-94 copies... if they really DO need it I guess they'll send and RFE...

I entered the country on june 17th and my 90 days will be up on 15th september and got married on july 3rd, that's why I needed some feedback on what to do since I needed to file ASAP.

I called BCP (as the I-102 says) to check what was the procedure on lost I-94's and they said fill out the I-102 (which is processing cases as we speak of may 2006) so I guess I have a couple of months of wait. Hopefully it will arrive before my interview and they wouldn't RFE for the original (I hate to think that my whole process would be delayed)

So I guess I am on the right track... I have an appointment scheduled for september 13th in USCIS to see if there is a sooner way to get my I-94 so if anyone actually KNOW a shortcut instead of filing I-102 let me know!!!!! since I don't want to wait until the 13th!!!!! it's amazing how long it takes to actually speak to an immigration officer!!!! In any case I'll guess I'll know exactly what to file or what to do after this appointment... I'll let you know and please DON'T LOSE YOUR I-94'S!!!!!!!

Edited September 1, 2006 by lore

[Kez/JWolf 6]

There is no faster way to get a duplicate I-94... the ONLY way to get one is to file the I-102

If you read the instructions on page 3 of the I-485, Evidence of Status it say:-

Submit a copy of your Form I-94, Non-immigrant arrival/departure record. showing your arrival in the USA, or other evidence of your status...

I submited a copy and the original was in my passport until the interview and was removed by the officer after approval...

So you are ok with a copy....

Good Luck

Kezzie

[Yodrak 7]

lore,

And as the quoted instruction indicates, you could be OK without submitting I-94 at all.

Yodrak

...

If you read the instructions on page 3 of the I-485, Evidence of Status it say:-

Submit a copy of your Form I-94, Non-immigrant arrival/departure record. showing your arrival in the USA, or other evidence of your status...

...

Kezzie

Edited September 1, 2006 by Yodrak

[lore 0]

Thanks guys you are the best!!!! Since in the I-102 form said that if your I-94 was issued in a POE you should call to see what the procedure was I just wished and hoped for another way of replacing it (like going to the airport and getting a new one) but I guess the ONLY way is the I-102 and $160...

However, have you noticed in the USCIS web page, in the page of forms that there is an I-94 form worth $6??? that what I was wishing for...