AOS and Replacement I-94

[Alex and Sofya 7]

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.

Yes, they will. And we will show to them.

[SAMyTAM 0]

CLARIFICATION OF FILING AOS WITHOUT I-94

I wanted to provide my process and the continuation of what member EasternDE wrote in a former thread:

Posted 15 September 2010 - 05:11 PM BY EasternDE

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I wanted to update my thread. I'm sure some other people will have to deal with I-94 issue.

So I did what the USCIS officer (Infopass) advised me, I filed for AoS without I-94.

What I did, instead of the I-94 copy you're supposed to include, I joined a timeline of my arrival and description of all the issues I had to get my I-94. At the end of that document, I also sworn that I entered legally that day and never left the US terroritories since that. I also added a copy of my visa with the stamp and my boarding pass.

And I got the nice I-485 Card production mail today.

My case was transfered to CSC, we didn't have any interview, no RFE, and were approved in 2 months delay.

But trust me, I made sure all the other documents and forms were perfectly filled.

To avoid this terrible headache, I would recommend strongly: MAKE SURE your I-94 is stapled into your passport!

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My fiancé too accidentally lost her I-94 and boarding passes after her arrival three weeks ago. I have sent an official letter to the USCIS below and will document their response. In the meantime, we tried to go to the airport to the Customs and Border Protection, who stated that as long as she had submitted her I-94 at the point of entry and it was in the system, a replacement could only be handled by the USCIS.

I contacted the USCIS customer service line and was told by the first officer that the I94 was needed for the Adjustment of Status application (no exceptions). I was transferred to a supervisor, and laid out my argument that technically all that should be needed is “proof of legal entrance” (see official note below for my argument). The USCIS supervisor stated that “logically [your argument] is sound” but their regulations specifically ask for the I-94, with no deviation on other alternatives. He seemed confident that option 2 below would work.

We now have two options:

1) File form I-102 for a new I-94, pay $300+ and wait approximately 2.5 months for it to arrive, then file the AOS.

a. PROS: Certain to work, no possibility of rejection

b. CONS: 2.5 months extra wasted (she cannot work), $300+ fee for the I-102

2) File the AOS papers (I-864, I-485, etc) with all documentation that she entered the US legally

a. PROS: possibly do not have to wait the 2.5 months for a new I-94 and possibly do not have to pay the $300+

b. CONS: Upon arrival of our AOS, the USCIS could possibly issue a Request for Evidence (RFE) for our I-94, at which point we would need to send in the I-102 and wait 2.5 months (which we would have wasted anyway with option 1). The supervisor noted that it is important that I reply to the RFE with a copy of application I-102 so that they may extend my AOS RFE deadline. He said that as long as I do that, and reply to the RFE again once our I-94 is received I should not have to repay the $1000 filing fee for the AOS.

I personally, am going with Option #2. I will provide updates as they come.

Email I sent to USCIS today (reply will be posted when I receive it):

Good Morning,

I am writing because we have encountered a problem and I am looking for a specific answer that Agent E____ was unable to answer.

My Fiance entered the US at Houston International Airport three weeks ago on an approved K1 visa and lost her I-94 card shortly after going through Customs and Border Protection. I am aware that standard procedure is to file an I-102 to request a replacement I-94 which can take 2.5 months and costs $330. We have already visited the CBP who referred us to the USCIS to resolve this issue.

I understand that the Adjustment of Status (AOS) documents (I-864, I-485, etc) require "proof of legal entrance into the United States". I have been made aware that this does not necessarily indicate specific necessity of an I-94, and can legally be submitted with alternative proper evidence of arrival. My question is: What specific evidence must we submit in lieu of an I-94 to prove legal entrance so that our Adjustment of Status will be correctly processed? We were considering providing the following documents:

Copy of passport with accepted K1 visa and entrance stamp (the exact same entrance stamp that is on her lost I-94)

Copy of airline itinerary

Sworn legal declaration that she entered legally through Houston International and has not left the US since her arrival

Can you please confirm that this is acceptable and any other documents you recommend we may need to provide in lieu of an I-94?

Thank you,

On a separate note, after a visit to the local Social Security office here in Minneapolis, the officer and supervisor reassured me that she is able to have an SSN without her I-94, as long as we bring a certified marriage certificate. Without being married (and on a K1 visa) she needs the I94 for the system to accept her. *THEY SAID IT DOES NOT MATTER WHETHER HER NAME IS DIFFERENT ON THE MARRIAGE CERTIFICATE, THEY ARE ABLE TO PROCESS IT*

Edited December 7, 2012 by SAMyTAM

[SAMyTAM 0]

I have received confirmation from the USCIS that an I-94 IS NOT NECESSARY TO GET YOUR AOS. See their email below:

Dear Mr. XXX:

On behalf of U.S. Citizenship and Immigration Services (USCIS), thank you for your email, dated December X, 2012, regarding the status of your Form I-129F, Petition for Alien Fiancé(e). This email has been assigned case #EMXXXX-XXXX.

We understand the concern that caused you to write. In your email you mentioned what specific evidence must you submit in lieu of the I-94 to prove legal entry into the United States. A copy of the passport, K-1 visa, and the admission K-1 visa stamp is proof that your fiancé(e) was admitted to the United States. The other documents you list are supporting documents that can be submitted with your Form I-485, Application to Register for Permanent Resident or Adjust Status.

Please utilize the Change of Address tool at www.uscis.gov/ar-11, if you move or have plans to move.

We trust that this information is helpful.

Sincerely,

National Customer Service Center

kacb

[Bugg 17]

Hi, I know this is an older thread, but my husband and I are experiencing the same problems so I figured it would be worth a shot to post here.

We sent USCIS my family visa, childhood passport upon entry and my current passport. Last entry was back in 1992. Nonimmigrant B-1/B-2 family visa indicates me traveling with my parents and since I was a minor they stamped the family visa with the arrival stamp.

We got an RFE from Missouri office saying that they need initial evidence. It states "Submit evidence of your lawful admission or parole into the United States. Such evidence includes, but not limited to, Form I -94, Arrival Departure Record, Form I-512 with completed arrival stamp, or a copy of the nonimmigrant visa page of your passport showing admission to the United States."

Lawyers have told us the legal entry stamp should more than suffice, but then we get this.

Could it be that our information was misplaced when it got transferred to Missouri?

If there was something wrong then why did they just let me complete a biometrics appointment and are now scheduling me for another one for the EAD?

We are confused and overwhelmed and since it was a three day weekend, no one at the national center answered our call for help. We don't have any extra money for a lawyer that requires at least $5K.

Did everyone else on this thread have their issues resolved?

Thank you all. We appreciate the help.

[TBoneTX 45,301]

Recent posts have been split from this thread and have been given the topic title "Is I-94 Enough Evidence of Legal U.S. Entry? [split topic]."

Current thread is old and is now locked to further comment.