I-94 is missing while I-485 is pending...will I be in trouble?

[GraceLee 0]

Hi people, it is really nice to meet you guys here. I wish I could find this forum earlier.

I have a question regarding the I-94...just realized that mine is missing. I guess it was lost when I was in DMV having my driver's liscense converted last month.

Currently, I have a I-485 case pending with USCIS. My husband and I have already been interviewed and the officer told us that I have to wait for my priority date to get the GC b/c of the visa quota for PR spouse. I already got my EAD card.

I am wondering what I should do about the missing I-94 now. I actually have a scanned copy saved in my computer. Do I need to request a official copy from USCIS? Or, do nothing but waiting for the GC?

Any thoughts or suggestions will be appreciated. Thank you!

Grace

[ceadsearc 516]

How are you in the country now? Is your I-94 expired? Did you have it at the time of your interview?

[Dave&Roza 748]

Hi people, it is really nice to meet you guys here. I wish I could find this forum earlier.

I have a question regarding the I-94...just realized that mine is missing. I guess it was lost when I was in DMV having my driver's liscense converted last month.

Currently, I have a I-485 case pending with USCIS. My husband and I have already been interviewed and the officer told us that I have to wait for my priority date to get the GC b/c of the visa quota for PR spouse. I already got my EAD card.

I am wondering what I should do about the missing I-94 now. I actually have a scanned copy saved in my computer. Do I need to request a official copy from USCIS? Or, do nothing but waiting for the GC?

Any thoughts or suggestions will be appreciated. Thank you!

Grace

Are you sure that the IO did not take the I-94 at your interview? Ours did. She did not say she was keeping it. It just ended up in the pile of papers she had on her desk. If I had not been watching her I would never have seen her take it. The I-94 is worthless once it expires (except for needing a copy for the AOS application) and even more so once you have the interview for the GC. They typically take the I-94 at the interview when the GC is approved. So I would not worry and just wait for the GC to arrive.

Relax and breath,

Dave

Edited May 30, 2012 by Dave&Roza

[GraceLee 0]

Are you sure that the IO did not take the I-94 at your interview? Ours did. She did not say she was keeping it. It just ended up in the pile of papers she had on her desk. If I had not been watching her I would never have seen her take it. The I-94 is worthless once it expires (except for needing a copy for the AOS application) and even more so once you have the interview for the GC. They typically take the I-94 at the interview when the GC is approved. So I would not worry and just wait for the GC to arrive.

Relax and breath,

Dave

Hi Dave, thank you very much for the reply! It is such a big relief!

I am not sure if she took it or not. It was absolutely in my passport while we went to the interview. But I do not remember whether it was still there after the interview. I thought I lost it. My I-94 was just expired when we had the interview.

Thank you!

[GraceLee 0]

How are you in the country now? Is your I-94 expired? Did you have it at the time of your interview?

Thank you for the reply.

Yes, it was expired at the time of interview and I had it with me during the meeting.

[ceadsearc 516]

If you already had the interview and had it then you are probably fine.

My only question would be, if your I-94 expired I presume you are out of status now; how are you adjusting status based on married to a permanent resident?

[Harpa Timsah 13,258]

Yes, I don't understand how she could have even filed the I-485 without a current priority date. Was there retrogression?

[GraceLee 0]

Yes, I don't understand how she could have even filed the I-485 without a current priority date. Was there retrogression?

yes， there was a two-year retrogression after I filed the I-485

[GraceLee 0]

If you already had the interview and had it then you are probably fine.

My only question would be, if your I-94 expired I presume you are out of status now; how are you adjusting status based on married to a permanent resident?

My i-94 wasn't expired when I filed AOS. it was expired before the interview, which was almost one year later ....I've never been out of status.

Edited May 30, 2012 by GraceLee

[grrrrreat 109]

If you already had the interview and had it then you are probably fine.

My only question would be, if your I-94 expired I presume you are out of status now; how are you adjusting status based on married to a permanent resident?

It sounds like she was in status and had a current priority date when she filed the I-485, but subsequently her I-94 expired and her priority date retrogressed. She was OK to file the I-485 when she did because (1) an immigrant visa number was immediately available to her, and (2) she was lawfully present. But because of the retrogression she won't get a GC until the priority date gets current again.