Missing documents.

[KATHERINE+RODNEY 3]

HELP! My Fiance and I are now married as of 3/10/2012. She is here on a Fiance Visa. She arrived in the US on Dec. 18, 2011. We got married within the 90 days allowed. 82 days to be exact. Now we are back from the honeymoon and are preparaing to fill out all the required forms for the Adjustment of Status (I-485) package checklist. QUESTION: Do we have to file for the I-485 within 90 days? Or just be married within 90 days?

Also. My fiance did not receive a form I-94 from customs at the airport when she entered the US on Dec. 18, 2011. If she enters the US on a K-1 Visa is she supposed to receive a document I-94? She swears the rude customs agent never gave her one.

And the worst of all. She forgot to bring her Birth Certificate with her. She left it in Lima. Is it crucial to have the Birth certificate? Or will we receive an RFE if we don't submit one?

Thanks for your help in advance.

Katherine & Rodney

[Inky 1,110]

Sorry but an I-94 is required for the AOS - you must include a photocopy front and back with the AOS papers it is proof of your entry. She needs to go to the nearest POE and obtain one.

You will get an RFE for the birth certificate, the birth certificate is a required item.

You do not have to file AOS in 90 days only have to be married in 90 days.

[KATHERINE+RODNEY 3]

Sorry but an I-94 is required for the AOS - you must include a photocopy front and back with the AOS papers it is proof of your entry. She needs to go to the nearest POE and obtain one.

You will get an RFE for the birth certificate, the birth certificate is a required item.

You do not have to file AOS in 90 days only have to be married in 90 days.

She entered the US at the Ft. Lauderdale airport, but can we go to any international airport that has a customs in it to receive a copy of the I-94? Would an International airport be concidered a POE? Greenville/Spartanburg (GSP) is a 20 minute drive and Atlanta airport is 2 hours? Will either of these be sufficient?

Thanks

[KATHERINE+RODNEY 3]

Her Passport has a stamp from the Ft. Lauderdale airport listing the date she arrived in the US. Is that good enough?

[SF2007 48]

Her Passport has a stamp from the Ft. Lauderdale airport listing the date she arrived in the US. Is that good enough?

No. USCIS instructions for I-485 clearly state I-94 is required to file. See page 4: http://www.uscis.gov/files/form/i-485instr.pdf

[Inky 1,110]

She entered the US at the Ft. Lauderdale airport, but can we go to any international airport that has a customs in it to receive a copy of the I-94? Would an International airport be concidered a POE? Greenville/Spartanburg (GSP) is a 20 minute drive and Atlanta airport is 2 hours? Will either of these be sufficient?

Thanks

She can go to any POE that has an immigration service section and get an I-94. She must bring her passport with her.

The AOS requires a copy of :

The visa

The entry stamp

Front and back of the I-94.

she has to go get the I-94 the entry stamp alone is not enough.

[Alex and Sofya 7]

My husband lost his I-94. We got ROE requiesting for it. We had to file form I-102 to replace I-94. Still waiting for it.

[KATHERINE+RODNEY 3]

Sorry but an I-94 is required for the AOS - you must include a photocopy front and back with the AOS papers it is proof of your entry. She needs to go to the nearest POE and obtain one.

You will get an RFE for the birth certificate, the birth certificate is a required item.

You do not have to file AOS in 90 days only have to be married in 90 days.

Hi Inky.

I contacted the USCIS today and the lasy told me the reason my fiance (at the time, now my wife) did not receive a I-94 from POE at customs when she entered the US at the Ft Lauderdale airport is because she entered on a K-1 Visa. The I-94 is a document showing arrival into US and Departure from US. Being a K-1 Visa we were to marry. There would be no departure.

I don't feel any better because she had to continually put me on hold and go ask her boss for the answers. And her response would begin with,, "It is our understanding" that she doesn't need an I-94 on a K-1 Visa entry.

Hi. Anyone else.

I contacted the USCIS today and the lasy told me the reason my fiance (at the time, now my wife) did not receive a I-94 from POE at customs when she entered the US at the Ft Lauderdale airport is because she entered on a K-1 Visa. The I-94 is a document showing arrival into US and Departure from US. Being a K-1 Visa we were to marry. There would be no departure.

I don't feel any better because she had to continually put me on hold and go ask her boss for the answers. And her response would begin with,, "It is our undestanding" that she doesn't need an I-94 on a K-1 Visa entry.

[VanessaTony 3,567]

Hi Inky.

I contacted the USCIS today and the lasy told me the reason my fiance (at the time, now my wife) did not receive a I-94 from POE at customs when she entered the US at the Ft Lauderdale airport is because she entered on a K-1 Visa. The I-94 is a document showing arrival into US and Departure from US. Being a K-1 Visa we were to marry. There would be no departure.

I don't feel any better because she had to continually put me on hold and go ask her boss for the answers. And her response would begin with,, "It is our understanding" that she doesn't need an I-94 on a K-1 Visa entry.

Hi. Anyone else.

I contacted the USCIS today and the lasy told me the reason my fiance (at the time, now my wife) did not receive a I-94 from POE at customs when she entered the US at the Ft Lauderdale airport is because she entered on a K-1 Visa. The I-94 is a document showing arrival into US and Departure from US. Being a K-1 Visa we were to marry. There would be no departure.

I don't feel any better because she had to continually put me on hold and go ask her boss for the answers. And her response would begin with,, "It is our undestanding" that she doesn't need an I-94 on a K-1 Visa entry.

"Their understanding" is wrong. She needs an I-94 and you need to go get one.

[KATHERINE+RODNEY 3]

I-94 is for Non-immigrant Visa status individuals. A K-1 Visa individual is an "immigrant".

Do you agree or disagree?

Thanks.

[KayDeeCee 4,893]

Hi Inky.

I contacted the USCIS today and the lasy told me the reason my fiance (at the time, now my wife) did not receive a I-94 from POE at customs when she entered the US at the Ft Lauderdale airport is because she entered on a K-1 Visa. The I-94 is a document showing arrival into US and Departure from US. Being a K-1 Visa we were to marry. There would be no departure.

I don't feel any better because she had to continually put me on hold and go ask her boss for the answers. And her response would begin with,, "It is our understanding" that she doesn't need an I-94 on a K-1 Visa entry.

Hi. Anyone else.

I contacted the USCIS today and the lasy told me the reason my fiance (at the time, now my wife) did not receive a I-94 from POE at customs when she entered the US at the Ft Lauderdale airport is because she entered on a K-1 Visa. The I-94 is a document showing arrival into US and Departure from US. Being a K-1 Visa we were to marry. There would be no departure.

I don't feel any better because she had to continually put me on hold and go ask her boss for the answers. And her response would begin with,, "It is our undestanding" that she doesn't need an I-94 on a K-1 Visa entry.

Ahh, the USCIS misinformation line strikes again. I doubt she was asking a boss. She was probably asking other people that work there in the call center. They do not know much about immigration beyond their scripts of basic info.

Of course you need an I-94 when you enter the US. Everyone gets one. It should have been filled out, stamped and stapled into her passport. If she had not married you within the 90 days and needed to leave, she would have departed. Their info to you was just as absurd as it was incorrect. The K-1 becomes null and void the moment it is used to enter the US. The I-94 takes it place for her status in the US. It would be dated to expire 90 days after she entered. It is a requirement for adjusting status. You will need to mail copies of it with your AOS paperwork, and bring the original to the interview, if you have one.

You need to go to your nearest POE with your wife's passport and explain the situation. They may or may not be able to give your wife one. I do not know how that will work now, but you need to try at least. She needs it. That is all there is to it.

I-94 is for Non-immigrant Visa status individuals. A K-1 Visa individual is an "immigrant".

Do you agree or disagree?

Thanks.

Disagree. A K-1 visa is a non-immigrant visa.

[Harpa Timsah 13,258]

K-1 is non-immigrant. The directions for I-485 ask for a I-94. If no K-1 got one of these, do you think the instructions would ask for it? Think for a sec...

Go to a deferred inspection site and get a I-94 for free, because it was their screw up. I am not sure why you are arguing about this.

[VanessaTony 3,567]

I-94 is for Non-immigrant Visa status individuals. A K-1 Visa individual is an "immigrant".

Do you agree or disagree?

Thanks.

Disagree. A K1 is a NON-immigrant visa with immigrant intent.

[Dave&Roza 748]

I-94 is for Non-immigrant Visa status individuals. A K-1 Visa individual is an "immigrant".

Do you agree or disagree?

Thanks.

No the K-1 is officially a non-immigrant visa and your wife should have received an I-94 form stamped with the POE location and date, with the visa type and expiration date handwritten. You need a copy of the front and back of the I-94 to submit with the AOS application. You need to go get an I-94.

Dave

[KATHERINE+RODNEY 3]

K-1 is non-immigrant. The directions for I-485 ask for a I-94. If no K-1 got one of these, do you think the instructions would ask for it? Think for a sec...

Go to a deferred inspection site and get a I-94 for free, because it was their screw up. I am not sure why you are arguing about this.

Thanks for your answer.... I am not arguing, just trying to sort through disinformation the USCIS lady gave me. What and where is a deferred inspection station? I saw one link that list a $300 fee for replacing a "lost" I-94. But we didn't lose ours. She was never given one.

Thanks