question about AOS on K-1 visa

[denis9834 2]

Hi i am reading the instractions for filing form I-485 and is says to submit approval notice, mariage certificate and form i-94. When my fiancee entered US the Customs officer took the I-94 from her, was he supposed to give it back? If so how do we obtain it?

[Lainie B 465]

Hi i am reading the instractions for filing form I-485 and is says to submit approval notice, mariage certificate and form i-94. When my fiancee entered US the Customs officer took the I-94 from her, was he supposed to give it back? If so how do we obtain it?

They should have stapled the bottom portion into her passport. That is what is needed for AOS.

[Que Saudade 284]

They should have stapled the bottom portion into her passport. That is what is needed for AOS.

Yes, this questioned was posed by another member not long ago and indeed it was stapled inside the passport. Typically CBP takes the top portion (which was the confusing part about "them" keeping it) and detaches bottom portion and places it in passport. I hope you find it there.

Good luck

[tempa 1]

I have had the bottom portion once not stapled. it was just loose between the pages.

do you have entry stamp and the K1 visa marked used?

[Phil & Alla 26]

If you do not have the I-94 you can request a copy. I had to have it to get my wife's SSN and state I.D.

[MERIC061609 15]

Yes you need to request a copy of the I-94.

MERIC

[Moomin 292]

Ok, the i94(arrival/departure record) is proof of entering legally which is the foundation of AOS. While there is a passport stamp and whatnot, the I94 is the immigrants to keep until departuring(hence arrival/departure record), or until it is taken at AOS interview(if there is an interview). Best odds is to file for a replacement/copy since you'll get an RFE if not submitting it.

You can try to go to the POE and ask at a CBP office and see if they will hand you a copy however this is more or less to try to avoid the fee it costs for a replacement i94.

[Pitaya 2,577]

Ok, the i94(arrival/departure record) is proof of entering legally which is the foundation of AOS. While there is a passport stamp and whatnot, the I94 is the immigrants to keep until departuring(hence arrival/departure record), or until it is taken at AOS interview(if there is an interview). Best odds is to file for a replacement/copy since you'll get an RFE if not submitting it.

You can try to go to the POE and ask at a CBP office and see if they will hand you a copy however this is more or less to try to avoid the fee it costs for a replacement i94.

Avoid the fee if you can:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e5d95d4c6608e010VgnVCM1000000ecd190aRCRD