not given i-94

[Sveta & Ron 23]

today was about start fill out the papers for aos and asked sveta where her i-94 and she tells customs officer give her no papers only stamps in passport with hand written date for k-1 visa to expire has anyone ever hear of this? dhs tell me to fill for lost/stolen i-94 how long to receive as we plan to file aos in late january

[VanessaTony 3,567]

Have you checked her passport for the I-94? She gets one on the plane and fills it in, she hands it to them, they then take part of it and staple the other to a page in her passport.

If she didn't get one then she needs to go to a deferred inspection point and get one (it should be free). If she's lost or damaged hers, then she'll need to pay to get one.

[Sveta & Ron 23]

no i-94 anywhere

[Gary and Alla 3,694]

today was about start fill out the papers for aos and asked sveta where her i-94 and she tells customs officer give her no papers only stamps in passport with hand written date for k-1 visa to expire has anyone ever hear of this? dhs tell me to fill for lost/stolen i-94 how long to receive as we plan to file aos in late january

The handwritten "date for K-1 to expire" may BE the I-94. Check it, because there IS NO date for the K-1 to "expire" K-1s are CANCELLED upon entry (it is a single entry visa) and replaced with an I-94 with a handwritten date of expiration. The I-94 is a handwritten card placed in her passport, usually stapled inside with handwritten dates and numbers

Suprised your lawyer would not have told you for her NOT TO LEAVE the POE area without an I-94 in her hand.

Have I heard of it happening? Yes, it is called a "mistake". In this process if anyone makes a mistake, it is YOUR problem and causes YOU delays and extra expense. The way to avoid other people making mistakes is to KNOW what you should have and demand it.

People that spend a lot of time asking how to get an update on an AP status rather than informing themselves and their fiancees what to do and what to expect when they arrive after the AP is complete have these issues all the time.

[Gary and Alla 3,694]

no i-94 anywhere

Sorry Ron, but this happened because you did not tell her NOT to leave the POE area without one. I hope you will pay more attention to what you guys need to be doing for her sake. As I have said, you have just begun the process. There is going to be a lot of stuff you need for each step. Making sure you have it will make things smoother for Sveta

[Phil & Alla 26]

It appears she arrived and you are married by your time line (a bit confusing, today is 12/25 yet she entered on 12/28 and you were married the same day- also "Our Story" new wedding date of 12/27??), congratulations on getting her here.

You rated the interview process as “poor” and this was a comment “then was put into ap for lawyer not tell bring legal birth records”. You hold your lawyer responsible for something you should have caught when your lawyer did not request the birth certificate or ensure she had it with her. In black and white (here on this site, USCIS’s site and the embassy’s site) it is stated the original birth certificate is REQUIRED along with other documents at the interview. She went to the interview and did not produce a required document, which put her in AP. No matter what you were told she could not be "approved" until the required document was produced, how is this any part the fault of the Consular Section? I hired a visa service and they did not initially provide me with all of the forms for the interview, but I caught it and they provided me with the forms. No matter how you proceed, with or without a lawyer, you need to take the time to read—EVERYTHING!

I am no brain surgeon or rocket scientist , but with the informational highway of the internet it is not hard to answer most questions, if you take the time, I went to USCIS's website and searched "I-94 replacement".

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13257.html

“A nonimmigrant alien who needs a replacement Form I-94 or I-95 (or in some instances was not issued such form upon admission) may do so by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival Record or Crewman’s Landing Permit”.

If you do not have the I-94, you will have to get one.

Now onto AOS. Again I am not the smartest individual who walked the earth by a long way, but I did my own AOS by reading EVERTHING I could find and when I ran into something I did not understand or could not find an answer to, I went to the experts here on VJ. I also verified any answers given to me. You can rely on a lawyer and you saw firsthand what you get!!

Start here:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

The go to: http://www.visajourney.com/content/k1k3aos, http://www.visajourney.com/content/k1aos and start reading the Adjustment of Status (Green Card) from Family Based Visas http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/.

For each form you will submit for AOS go to USCIS’s website and read the instructions for the form to be completed, http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.

If you decide not to do it yourself, I can do your AOS for at least half the price of a lawyer

You might also read about a SSN, http://www.visajourney.com/content/ssn.

MERRY CHRISTMAS!!!!!

[Gary and Alla 3,694]

It appears she arrived and you are married by your time line (a bit confusing, today is 12/25 yet she entered on 12/28 and you were married the same day- also "Our Story" new wedding date of 12/27??), congratulations on getting her here.

You rated the interview process as “poor” and this was a comment “then was put into ap for lawyer not tell bring legal birth records”. You hold your lawyer responsible for something you should have caught when your lawyer did not request the birth certificate or ensure she had it with her. In black and white (here on this site, USCIS’s site and the embassy’s site) it is stated the original birth certificate is REQUIRED along with other documents at the interview. She went to the interview and did not produce a required document, which put her in AP. No matter what you were told she could not be "approved" until the required document was produced, how is this any part the fault of the Consular Section? I hired a visa service and they did not initially provide me with all of the forms for the interview, but I caught it and they provided me with the forms. No matter how you proceed, with or without a lawyer, you need to take the time to read—EVERYTHING!

I am no brain surgeon or rocket scientist , but with the informational highway of the internet it is not hard to answer most questions, if you take the time, I went to USCIS's website and searched "I-94 replacement".

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13257.html

“A nonimmigrant alien who needs a replacement Form I-94 or I-95 (or in some instances was not issued such form upon admission) may do so by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival Record or Crewman’s Landing Permit”.

If you do not have the I-94, you will have to get one.

Now onto AOS. Again I am not the smartest individual who walked the earth by a long way, but I did my own AOS by reading EVERTHING I could find and when I ran into something I did not understand or could not find an answer to, I went to the experts here on VJ. I also verified any answers given to me. You can rely on a lawyer and you saw firsthand what you get!!

Start here:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

The go to: http://www.visajourney.com/content/k1k3aos, http://www.visajourney.com/content/k1aos and start reading the Adjustment of Status (Green Card) from Family Based Visas http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/.

For each form you will submit for AOS go to USCIS’s website and read the instructions for the form to be completed, http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.

If you decide not to do it yourself, I can do your AOS for at least half the price of a lawyer

You might also read about a SSN, http://www.visajourney.com/content/ssn.

MERRY CHRISTMAS!!!!!

Thanks Phil. I had not read his consular review. The missing BC is NOT the reason her case was put in AP. Cases get put in AP all the time, for no reason, or for a reason, and people do not read instructions all the time and do not bring needed documents. It is doubtful it is anyone's fault that her case was put in AP, though the attempt to blame it on something is was most likely NOT is troubling. You cannot fix anything when you blame the wrong cause.

Even a brief reading of the requirements for the AOS will show you NEED the I-94 and that the I-94 is received at the POE. You also NEED a copy of her passport entry stamp and a copy of the NOA2 for the I-129f, and you will need these things many times in the future.

You are just beginning when you enter the US. DO NOT LOSE THIS STUFF! Keep it handy and safe until she becomes a citizen...at least! Any time you lose it, there are forms to fill out to get a new one. It costs money and it delays your case and delays benefits for your wife. Make copies of everything and keep them somewhere else. There is a thread running right now "Lost everything in a fire, what now?" What now? Go to your office and pull out all the copies you have of everything, or the safe deposit box or your friends house or your parents house...of course! What eles would one do? Since you only need to send COPIES you can send a copy of a copy if needed and worry about replacing the original or documenting the loss later. Hvae you done that? Do it today.

Why on EARTH did Sveta not have the instruction to NOT LEAVE the POE without an I-94? Who's fault is that? I have no clue. None. You should be there to meet her with your hand out for the I-94 and THEN kiss her. I suppose it is the attorneys fault, the consulates fault, USCIS's fault, CBP's fault.

Whatever. RON, I am telling you, the process just began. There are people all along the way that will #### it up for you if you let them. At the SS office, the DMV, the bank, the insurance company. They walk among us and they are waiting for you. They have no idea what to do when someone comes that is NOT a US citizen...but they will make it up as they go along, don't worry. Then you will be trying to fix a problem that does not exist. You need to KNOW what the procedure is and make sure everyone does their job and you need to be prepared to TRAIN them in their job, or at least get a supervisor that can. Stop worrying how long AP is going to take, how long the delivery service is going to take, how long it is going to take to receive a new I-94...and start worrying about what you need and preparing for it to PREVENT these delays. YOU can prevent these people from messing with your wife's life. They told our son, Sergey, when he came to SS with his green card that he needed "a new visa, this one is expired" Can you imagine how long I would wait for a new K-2 visa? K-TWO, Ron. Child of K-1. Try to get a new one! My answer? "NO, he does not need a new visa, get me your supervisor" he had an SSN about 4 minutes later.

Did she get her DS 3025 completed and checked off as all vaccines completed? If not, you better get on the horn with a Civil Surgeon now and set up her appointments for the vaccines and getting the I-693 signed off on. You need that for the AOS also. Are you getting things put in order as a married couple? Get her on your bank accountm, insurance, etc.? Oh yeah, she needs an SSN for that. Have you been to the SS office yet? What do you do if they do anything except sign her up for an SSN? Ask for a supervisor! DO NOT leave until she has been entered in the system. Get it in her MAIDEN name and avoid a lot of hassle. Change her name with SS after she has her green card, IF she changes her name.

Every piece of this process has been discussed here ad nauseum and it is all archived. Use the forum search for anything you want and all the posts will pop up or just ask a question. But, please Ron, get off this "Are we there yet?" wagon, for Sveta's sake. You won't get anywhere unless you do what you need to do. This is for your wife, your family. Every mistake delays her benefits, her eventual citizenship, her ability to travel, work, get student loans, file taxes, get credit in her name, and basically function the way we do in this country.

In case you haven't figured it out YET, the attorney does not care about this. The government agencies don't care, the congress people do not care...only YOU care. And yeah, I am big, bad Gary always saying bad things. I am the one telling you how to avoid this mess, Ron. I have been married to an FSU chick too long to blow smoke up your tailpipe and call it sunshine.

This site is a great resource with all these people here that have done the same thing before you, and many with far more complication that you have had...take advantage of it for Sveta.

Merry Christmas, good luck

[nynexla 0]

My fiance wasnt issued a i-94 either and we are hopefully sending our AOS papers in tomorrow. We went to a USCIS office today to get a i-94 number but they said she doesnt get one on a visa waiver. I have heard of them accepting photocopies of the passport stamp.

Does anyone know about i-94 and visa waivers?

[Darnell 8,479]

Ron ! we need to get together for a weekend of Mudding just outside o Cypress !

in the meantime, here's how to fix the missing I-94 problem:

1. get into a CPB secondary / deferred inspection office

2. talk with the shift supervisor

3. show the passport, ask for an I-94.

Now, you don't need to call anyone - you just need to GO! No queues, no lines, no waiting !

Here's the document with the locations of all of the deferred inspection sites:

http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf

Good Luck

ps - just writing about this, tells me you've not gotten into the SSA office yet, to seek a SSN. BAD RON !

Edited January 12, 2013 by Darnell

[KayDeeCee 4,896]

My fiance wasnt issued a i-94 either and we are hopefully sending our AOS papers in tomorrow. We went to a USCIS office today to get a i-94 number but they said she doesnt get one on a visa waiver. I have heard of them accepting photocopies of the passport stamp.

Does anyone know about i-94 and visa waivers?

VWP entrants do not receive an I-94. See this forum for those adjusting status from work, student or tourist visas: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

You can also do a search here on VJ for those adjusting from VWP with no I-94.

You would put N/A- visa waiver program for the I-94 as you do not have one.

Edited January 12, 2013 by Jay-Kay

[bigdog 377]

Wasn't this put into practice? No paper, just a stamp.

The Customs and Border Protection (CBP), which conducts inspections at the U.S. borders, announced its plan to immediately eliminate the I-94 card issued to non immigrant arrivals. The I-94 card is a white card affixed to the passport at the time of entry. This card is the document that grants non immigrant status and shows critical information such as entry date, authorized period of stay and class of admission. The elimination of this document was slated to begin late summer 2012 in a few small airports, but the CBP is accelerating this plan for system-wide implementation.

In lieu of the I-94 card, CBP plans to issue an admission stamp on the passport of a non immigrant which will include a handwritten notation of the admission status (whether H-1B, L-1A, etc.) and the authorized period of stay.

New Arrival Procedure

Non immigrants arriving at U.S. air and seaports using the Advance Passenger Information System (APIS) will no longer receive a physical I-94 card. The APIS is a web-based system used by commercial carriers and private aviation services to electronically update CBP with notices of arrival, departure and traveler manifests.

Going forward, non immigrants arriving at air and sea ports using APIS will only be issued a stamp in their passport and CBP will create an electronic record for arriving non immigrants.

Those arriving at a land border, with certain exceptions, will generally continue to receive a valid I-94 card. Certain classes of arrivals like refugees will also be issued valid I-94 cards.

During a transition period, CBP tentatively plans to issue a paper I-94 but with a control number that has no connection whatsoever to the arrival record of the non immigrant. This proposed paper I-94 would have no actual function and no legal significance.

[KayDeeCee 4,896]

Wasn't this put into practice? No paper, just a stamp.

The CBP site's update is dated Sept. 17, 2012. It states they are still exploring the idea. I have not seen an update there that states they have actually implemented it.

"Currently, CBP is exploring automating the Form I-94 Arrival/Departure Record to allow for the collection of arrival/departure information electronically, which would streamline the arrival and inspection process for travelers. CBP is coordinating with other agency stakeholders and considering rulemaking.

CBP has successfully automated other paper forms familiar to the traveling public. For example, by automating the Form I-94W—the Visa Waiver Arrival/Departure Record— CBP has saved costs and reduced affected travelers’ average wait time.

CBP recognizes that using the Form I-94 has been a long-established and well-known practice for foreign visitors. As such, the agency is committed to providing updates regarding the Form I-94 process and any changes that may be implemented by CBP."

http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/i94_data_entry.xml

[Sveta & Ron 23]

the forms sveta filled out for visa asks if she wants a ss card she clicked yes i assumed it was coming hey darnell this week sveta and i going to centerville to bring my mom to houston for few days if you wish maybe meet up for lunch? let me know my email addy is on profile

[KayDeeCee 4,896]

the forms sveta filled out for visa asks if she wants a ss card she clicked yes i assumed it was coming hey darnell this week sveta and i going to centerville to bring my mom to houston for few days if you wish maybe meet up for lunch? let me know my email addy is on profile

That part of the form does not apply to those seeking a K-1. A K-1 will not automatically be sent an SSN. You must go to the SSA and apply in person. Follow the guide here on VJ.

[Darnell 8,479]

the forms sveta filled out for visa asks if she wants a ss card she clicked yes i assumed it was coming hey darnell this week sveta and i going to centerville to bring my mom to houston for few days if you wish maybe meet up for lunch? let me know my email addy is on profile

no no .

SSN check box is on part II of DS-230. K-1 visa chasers NEVER, EVER complete part II of the DS-230.

For SSN chasing, read the K-1 section at http://www.visajourney.com/forums/topic/405546-ssn-howto/

caveat - bring I-94, passport, apply in VISA name (not married name) for this first SSN card.