A question regarding I-94

[Thiryll 0]

I'm currently in the process of filling out and submitting my I-130 and I-485, one of them requires my I-94 but I'm not sure what they mean by that. Do I take it out of my passport? Submit a copy?

I have to admit, I'm somewhat uncomfortable with taking it out of my passport which is why I'm double checking to see if anyone else has done it and it's actually what they're asking for.

[gildayjason 2]

Submit a photocopy, front and back (you can unstaple it from your passport to copy it and then re-staple it). All documents you send in for AOS should be copies; if they want to see originals, they'll request them after. Since you're adjusting from K-1, you likely won't have an interview, but if you did, you'd bring the originals (including your passport with the I-94 in it) to it.

[VanessaTony 3,567]

Your profile says you're AOSing from a K1. Why are you sending the I-130? When did you enter? When did you marry?

I took out the I-94, photocopied it, and put it back in.

Submit a photocopy, front and back (you can unstaple it from your passport to copy it and then re-staple it). All documents you send in for AOS should be copies; if they want to see originals, they'll request them after. Since you're adjusting from K-1, you likely won't have an interview, but if you did, you'd bring the originals (including your passport with the I-94 in it) to it.

If the OP is sending the I-130 they WILL have an interview as they'd be AOSing based on the I-130 rather than the K1.

[Thiryll 0]

The letter that I recieved with the information upon entering the U.S. said that we should file an I-130 which is why I'm filing an I-130. Does that not apply to us?

I entered the U.S. on a K-1 and married my Fiance. That's where we're at now. I thought I had to submit an I-130 WITH the I-485.

Also, I entered Oct 26th and we got married Dec 1st. My K-1 is still in effect...I think. I don't know if getting married renders it invalid.

Edited December 19, 2011 by Thiryll

[VanessaTony 3,567]

The letter that I recieved with the information upon entering the U.S. said that we should file an I-130 which is why I'm filing an I-130. Does that not apply to us?

I entered the U.S. on a K-1 and married my Fiance. That's where we're at now. I thought I had to submit an I-130 WITH the I-485.

Also, I entered Oct 26th and we got married Dec 1st. My K-1 is still in effect...I think. I don't know if getting married renders it invalid.

No you don't file an I-130 with a K1 unless you've been married more than 2 years or you failed to get married in the 90 days.

Your K1 visa was void once you arrived in the US. Your status is now controlled by the I-94 which will expire 90 days from when you entered.

There's an AOS thread in my signature that should help you with the required documents. AOS only costs $1070 at the moment. You should also file EAD and AP as the fee for those is waived when filed with AOS.

[Thiryll 0]

No you don't file an I-130 with a K1 unless you've been married more than 2 years or you failed to get married in the 90 days.

Your K1 visa was void once you arrived in the US. Your status is now controlled by the I-94 which will expire 90 days from when you entered.

There's an AOS thread in my signature that should help you with the required documents. AOS only costs $1070 at the moment. You should also file EAD and AP as the fee for those is waived when filed with AOS.

Thank you so much for the help, although they'll be hell to pay from the wife whom already prepared an I-130 for me, haha.

Thank you so much again. That makes everything much easier for us. Will we ever have to file an I-130? I thought they were going to question the reality of our marriage sooner or later, or we'd have to submit to an interview.

[Harpa Timsah 13,258]

You will never have to file a I-130. You will AOS based off of your approved I-129F and subsequent marriage within 90 days of entry to the US.

[ceadsearc 516]

Agreed with the above posts.

In two years you will have to file for removal of conditions.

As for an interview - you may have one or you may not. Some couples adjusting from a K-1 do but some are approved without.

[Thiryll 0]

Agreed with the above posts.

In two years you will have to file for removal of conditions.

As for an interview - you may have one or you may not. Some couples adjusting from a K-1 do but some are approved without.

Okay, that makes sense.

I'm not too worried about the interview, I just didn't know whether or not we'd be having one.

Thank you very much. I'm glad I didn't go ahead and file both, that would have been quite difficult for no good reason.

You will never have to file a I-130. You will AOS based off of your approved I-129F and subsequent marriage within 90 days of entry to the US.

Thanks as well.

So just the I-485 and I'm filing a form for a replacement NOA2 because I never got one.

[Thiryll 0]

The reason I was confused is because I got a letter in a packet of papers that we recieved while we were living in sweden and this is exactly what it says, word for word:

Congratulations! You have just recieved your K-1 visa. Do not open the visa envelope, only the immigration officer at the port of entry may do so. You may enter the U.S. at any port of entry. Starting today, you can travel any day before the visa expiration date which may be found in the visa.

Please check the biographic data in the visa. if you find any mistake, please let us know immediately. In addition, if you lose or cannot use your K-1 visa, please notify the Embassy as soon as possible. The K-1 visa will permit you to marry your U.S. fiance within 90 days from entering the United States. Once you are married, your U.S. citizen spouse will need to file the immediate relative petition, form I-130 and you must also file form I-485, application to register permanent residence or adjust status adjustment of status.

And then it goes on to talk about applying for EAD. So I'm not really sure what to think. I feel like they wouldn't have given me false information, but at the same time, i'm wondering why they included this letter.

[baron555 934]

I'm currently in the process of filling out and submitting my I-130 and I-485, one of them requires my I-94 but I'm not sure what they mean by that. Do I take it out of my passport? Submit a copy?

I have to admit, I'm somewhat uncomfortable with taking it out of my passport which is why I'm double checking to see if anyone else has done it and it's actually what they're asking for.

Copy

[VanessaTony 3,567]

So just the I-485 and I'm filing a form for a replacement NOA2 because I never got one.

Did you get the letter from NVC with the file number for your home country? It would have said something about how the file was being forwarded to your home country and it may have had a barcode (mine did). If you have this then you don't need the NOA2.

The reason I was confused is because I got a letter in a packet of papers that we recieved while we were living in sweden and this is exactly what it says, word for word:

Congratulations! You have just recieved your K-1 visa. Do not open the visa envelope, only the immigration officer at the port of entry may do so. You may enter the U.S. at any port of entry. Starting today, you can travel any day before the visa expiration date which may be found in the visa.

Please check the biographic data in the visa. if you find any mistake, please let us know immediately. In addition, if you lose or cannot use your K-1 visa, please notify the Embassy as soon as possible. The K-1 visa will permit you to marry your U.S. fiance within 90 days from entering the United States. Once you are married, your U.S. citizen spouse will need to file the immediate relative petition, form I-130 and you must also file form I-485, application to register permanent residence or adjust status adjustment of status.

And then it goes on to talk about applying for EAD. So I'm not really sure what to think. I feel like they wouldn't have given me false information, but at the same time, i'm wondering why they included this letter.

Yeah that's wrong :S How ridiculous. It's an extra $420 that totally unnecessary...

[Harpa Timsah 13,258]

The reason I was confused is because I got a letter in a packet of papers that we recieved while we were living in sweden and this is exactly what it says, word for word:

Congratulations! You have just recieved your K-1 visa. Do not open the visa envelope, only the immigration officer at the port of entry may do so. You may enter the U.S. at any port of entry. Starting today, you can travel any day before the visa expiration date which may be found in the visa.

Please check the biographic data in the visa. if you find any mistake, please let us know immediately. In addition, if you lose or cannot use your K-1 visa, please notify the Embassy as soon as possible. The K-1 visa will permit you to marry your U.S. fiance within 90 days from entering the United States. Once you are married, your U.S. citizen spouse will need to file the immediate relative petition, form I-130 and you must also file form I-485, application to register permanent residence or adjust status adjustment of status.

And then it goes on to talk about applying for EAD. So I'm not really sure what to think. I feel like they wouldn't have given me false information, but at the same time, i'm wondering why they included this letter.

Wow... That's bad. If you feel a sense of efficacy, you should inform whoever made that letter that they are wrong. If you look over the instructions for the I-485, it will be clear as day that I-130 is not required if you have approved I-129F and married within 90 days after entering the US. There have been people who have mistakenly filed I-130 and I-485 after K-1 visa approval and their cases have gotten stuck in a black hole for nearly a year. Plus it's a waste of money. Naughty embassy.

[Winsfaye 0]

The reason I was confused is because I got a letter in a packet of papers that we recieved while we were living in sweden and this is exactly what it says, word for word:

Congratulations! You have just recieved your K-1 visa. Do not open the visa envelope, only the immigration officer at the port of entry may do so. You may enter the U.S. at any port of entry. Starting today, you can travel any day before the visa expiration date which may be found in the visa.

Please check the biographic data in the visa. if you find any mistake, please let us know immediately. In addition, if you lose or cannot use your K-1 visa, please notify the Embassy as soon as possible. The K-1 visa will permit you to marry your U.S. fiance within 90 days from entering the United States. Once you are married, your U.S. citizen spouse will need to file the immediate relative petition, form I-130 and you must also file form I-485, application to register permanent residence or adjust status adjustment of status.

And then it goes on to talk about applying for EAD. So I'm not really sure what to think. I feel like they wouldn't have given me false information, but at the same time, i'm wondering why they included this letter.

The post above are right,i just had my interview two weeks ago and same with what they told me, we filed both forms I-485 and I-130 together. and at the interview office the consul told us,everything is good and i got approved..And she asked me why did we filed for the I-130?it wasn't needed...

[JimVaPhuong 4,863]

The reason I was confused is because I got a letter in a packet of papers that we recieved while we were living in sweden and this is exactly what it says, word for word:

Congratulations! You have just recieved your K-1 visa. Do not open the visa envelope, only the immigration officer at the port of entry may do so. You may enter the U.S. at any port of entry. Starting today, you can travel any day before the visa expiration date which may be found in the visa.

Please check the biographic data in the visa. if you find any mistake, please let us know immediately. In addition, if you lose or cannot use your K-1 visa, please notify the Embassy as soon as possible. The K-1 visa will permit you to marry your U.S. fiance within 90 days from entering the United States. Once you are married, your U.S. citizen spouse will need to file the immediate relative petition, form I-130 and you must also file form I-485, application to register permanent residence or adjust status adjustment of status.

And then it goes on to talk about applying for EAD. So I'm not really sure what to think. I feel like they wouldn't have given me false information, but at the same time, i'm wondering why they included this letter.

Never trust Department of State to give you accurate instructions for a process you'll be going through with USCIS. The I-485 category you'll be using requires an immigrant visa petition that will make an immigrant visa number immediately available to you. Once you've entered with a K1 visa and married within 90 days then the I-129F can be used as that visa petition. That's why you need to include a copy of the approval notice for the I-129F with the I-485.

There are hundreds of VJ members who can attest to the fact that an I-130 is not needed for a K1 who married within 90 days. I am one of them.