AOS and Replacement I-94

[rush713 0]

Im really hoping I can get some clear advice for my situation. My wife entered on a K1 visa and she lost the I-94, there's only the visa and the entry stamp in her passport. There was an additional piece of paper but it's been lost.

Anyway, I know I need to file a I-102 to replace it. I guess my question is if this I-102 can be filed at the same time as the I-485 for the AOS or if I need to file the I-102 and wait till they send a replacement I-94 before I can even begin the AOS process???

If I can somehow file them together, whats the proper way to do it???

Also, on the I-102, how can I properly fill out the following fields:

1. Current Non-Immigrant Status?

2. I-94 Document number (Im assuming naturally this can be left blank if I don't know it since the document was lost)

3. Class of admission, Im assuming this would be "K1"

Any help would be greatly appreciated.

Thanks!

Edited May 31, 2012 by rush713

[Inky 1,110]

Current status is K-1.

I don't think you can file it at the same time as AOS because you need to send a photocopy front and back of the I-94 with your AOS application. You would get an RFE for not including it with the packet.

[engineer21 51]

I lost my i-94 too prior to applying for AOS.

I did have a copy but apparently forgot to send it with the initial AOS package.

So I actualy got an RFE asking to prove legal entry.

This is when I sent the copy of my i-94 to respond to the RFE.

At the same time I also filed the i-102 to replace the missing i-94.

But I knew I would need to go to an interview

I knew that I would very likely need to surrender the i-94.

Not sure if a copy of the missing i-94 is all you would need for your AOS case, since most people adjusting from K-1 do not get an interview..

I filed for a replacement to have complete peace of mind.

300-something bucks worth of peace of mind.

Was it worth it? In my opinion yes..

Edited May 31, 2012 by engineer21

[Harpa Timsah 13,258]

You just need to show a legal entry. The stamp in the passport will suffice, with an explanation.

[rush713 0]

You just need to show a legal entry. The stamp in the passport will suffice, with an explanation.

Thanks for all the input, so are you saying that the I-94 is not technically required even though it says it is? The I-485 has a spot for the I-94 number which I do not have.........

[Moomin 292]

Take a peak at this link(the specific post), might help you save the money for an replacement of the i94. Usually, you're advised to get a replacement or not file i-485 without it but I've seen several posts on the subject and also contributed in a few.

http://www.visajourney.com/forums/topic/250353-i-94-wasnt-stapled-on-my-passport/page__view__findpost__p__4189227

[rush713 0]

Take a peak at this link(the specific post), might help you save the money for an replacement of the i94. Usually, you're advised to get a replacement or not file i-485 without it but I've seen several posts on the subject and also contributed in a few.

http://www.visajourney.com/forums/topic/250353-i-94-wasnt-stapled-on-my-passport/page__view__findpost__p__4189227

I took a look at the thread you pointed me to and Im thinking Ill take a risk and try it doing what they stated. The bigger question I have is I guess if it doesn't work Ill get an RFE and Ill have to file for a new I-94. Is there any chance Ill have to pay the $~1,000 fee for the AOS again or???

[Moomin 292]

I took a look at the thread you pointed me to and Im thinking Ill take a risk and try it doing what they stated. The bigger question I have is I guess if it doesn't work Ill get an RFE and Ill have to file for a new I-94. Is there any chance Ill have to pay the $~1,000 fee for the AOS again or???

If AOS is denied, yes. Officers are different from each other, and some tend to be more picky. An example is copy of marriage certificate vs. certified copy of marriage certificate. The procedure is similar to when losing NOA2 and not having a copy for AOS. Where does your wife originate from? I've only read of a few from VWP countries adjusting without the i94 but with the passport stamp instead(and bio page + visa page in passport). As a K1, you have 3 important issues to cover; NOA2 copy showing approved i-129f petition, legal US entry and marriage to the original petitioner.

You have 3 options

1. File i94 replacement form now, then AOS(of course attaching a letter of explanation to AOS along with copies of entry stamp, visa and bio page in passport - same goes for EAD and AP). If getting RFE'd you'll most likely have "won" some time by not waiting plus response time.

2. http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/ - locate the POE, see if they will re-issue one, or give you the admission number on the i-94. I'd try this and include that in a letter of explanation when filing AOS.

3. File AOS as option one, just without the replacement form.

[Alex and Sofya 7]

My husband also lost his I-94. We filed form I-102 together with I-485, I-130, I-131 and I-765 with explanation that I-94 was lost.

His replacement I-94 was just approved on 05/25/12 (we haven't received it). We did get an RFE for I-485 to submit I-94. We replied with a receipt notice for I-102 and letter explaining that it is still in process (as of today, it is still under review). My husband had an infopass appointment and they told him, that it takes long time to get a replacement I-94, because my husband came to USA before September 11, 2001. The system changed after September 2001. Now it is easier for them to find people in their system.

We also contacted social security office to see if they have a copy of I-94. They didn't have it, because it was long time ago. But they said that they do have a copy of the application, with I-94 number and we can get it for $20.00.

We will submit a copy of I-94 as soon as it comes in a mail, hopefully today or tomorrow saying that we would like to suplement a previous response to RFE. We hope that I-485 will not be denied, otherwise we will need to refile again and pay fees again.

[grrrrreat 109]

Im really hoping I can get some clear advice for my situation. My wife entered on a K1 visa and she lost the I-94, there's only the visa and the entry stamp in her passport. There was an additional piece of paper but it's been lost.

Anyway, I know I need to file a I-102 to replace it. I guess my question is if this I-102 can be filed at the same time as the I-485 for the AOS or if I need to file the I-102 and wait till they send a replacement I-94 before I can even begin the AOS process???

If I can somehow file them together, whats the proper way to do it???

Also, on the I-102, how can I properly fill out the following fields:

1. Current Non-Immigrant Status?

2. I-94 Document number (Im assuming naturally this can be left blank if I don't know it since the document was lost)

3. Class of admission, Im assuming this would be "K1"

Any help would be greatly appreciated.

Thanks!

This is actually a complicated issue. Under the statutes, an adjustment applicant needs to show proof of legal entry. This could be an I-94 or a stamp in the passport (such as by entrants under the VWP), or for Canadians simply a copy of their Canadian passport. However, in its wisdom, USCIS has decided to ask for I-94s from K-1 entrants and for no other nonimmigrants. The best advice is that if you submit I-485, include whatever proof of legal entry you have, but you are taking a risk that USCIS will issue an RFE for I-94. As others have done, you might consider submitting I-102 at the same time as I-485. There's a fee for I-102, so be prepared for that.

I-94 number will have to be blank if you don't have it--you might consider writing "see Passport stamp" there if you submit I-485 before you get the replacement I-94.

Yes class of admission is K-1.

As a side note, the idea that USCIS would issue an RFE for an I-94 is silly, and I hope that they don't do that regularly. After all, the I-94 is one of their own records, and if the application contains enough information that allows them to look it up, they should do that instead of issuing an RFE. But the adjudicators have to work extremely quickly so I suppose there's a chance you'll get a slow or lazy one.

I would make sure that you submit all the information requested by I-102 somewhere in your adjustment application, even if you take a risk by not actually submitting Form I-102.

Edited May 31, 2012 by grrrrreat

[grrrrreat 109]

My husband also lost his I-94. We filed form I-102 together with I-485, I-130, I-131 and I-765 with explanation that I-94 was lost.

His replacement I-94 was just approved on 05/25/12 (we haven't received it). We did get an RFE for I-485 to submit I-94. We replied with a receipt notice for I-102 and letter explaining that it is still in process (as of today, it is still under review). My husband had an infopass appointment and they told him, that it takes long time to get a replacement I-94, because my husband came to USA before September 11, 2001. The system changed after September 2001. Now it is easier for them to find people in their system.

We also contacted social security office to see if they have a copy of I-94. They didn't have it, because it was long time ago. But they said that they do have a copy of the application, with I-94 number and we can get it for $20.00.

We will submit a copy of I-94 as soon as it comes in a mail, hopefully today or tomorrow saying that we would like to suplement a previous response to RFE. We hope that I-485 will not be denied, otherwise we will need to refile again and pay fees again.

Did you submit any proof of legal entry, even a passport stamp? Without any of that, then yes I think the I-485 will be denied unless you're able to submit the I-94 before they get to it.

Proof of legal entry is the most important part since a statutory requirement of adjusting is that you were admitted and inspected.

[rush713 0]

If AOS is denied, yes. Officers are different from each other, and some tend to be more picky. An example is copy of marriage certificate vs. certified copy of marriage certificate. The procedure is similar to when losing NOA2 and not having a copy for AOS. Where does your wife originate from? I've only read of a few from VWP countries adjusting without the i94 but with the passport stamp instead(and bio page + visa page in passport). As a K1, you have 3 important issues to cover; NOA2 copy showing approved i-129f petition, legal US entry and marriage to the original petitioner.

You have 3 options

1. File i94 replacement form now, then AOS(of course attaching a letter of explanation to AOS along with copies of entry stamp, visa and bio page in passport - same goes for EAD and AP). If getting RFE'd you'll most likely have "won" some time by not waiting plus response time.

2. http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/ - locate the POE, see if they will re-issue one, or give you the admission number on the i-94. I'd try this and include that in a letter of explanation when filing AOS.

3. File AOS as option one, just without the replacement form.

I appreciate your help, shes from Mexico. Im really torn on if I should file the I-485 without the I-94 or bite the bullet and pay the $330 and get the I-94 replaced first. I read the other thread and it had some people who had their AOS approved without the I-94.

My biggest question is if I get an RFE for the missing I-94 will I have enough time to supply it without having to pay the ~$1000 fee again??? Im willing to take the chance on not having the I-94 if I can always go back and file the I-102 without having to pay ~$1,000 again. Does anyone know for sure?

[engineer21 51]

When I got my RFE, I was given 87 days to respond. But I had a copy of the lost I-94. So I was able to send that as a response. Then the replacement I-94 came just in time for the interview. At the interview i was asked for it and the IO kept it.

But if you wait to file for the replacement until you receive an RFE, I'm not sure if there will be enough time or not.

[Alex and Sofya 7]

Did you submit any proof of legal entry, even a passport stamp? Without any of that, then yes I think the I-485 will be denied unless you're able to submit the I-94 before they get to it.

Proof of legal entry is the most important part since a statutory requirement of adjusting is that you were admitted and inspected.

We didn't submit proof of legal entry.

Just an update: Interview is scheduled on 07/10/12

[Harpa Timsah 13,258]

We didn't submit proof of legal entry.

Just an update: Interview is scheduled on 07/10/12

You say you ordered a replacement I-94. If it wasn't available in time for the RFE, I am sure that you will be asked about it at your interview.

Edited June 7, 2012 by Harpa Timsah