I-94 Concern, AOS Received by USCIS

[espared12 52]

Hello everyone! We mailed our AOS package yesterday, and tracking information confirms it was delivered and signed for by someone at USCIS this afternoon. My wife entered the US and received her I-94 on March 1st. We got married on March 12th. My wife tells me that at the POE, when they stapled the I-94 to her passport, they told her she had to return the I-94 on the expiration date which is May 29th. Unfortunately I was not with her at POE, so I cannot confirm this. To my understanding she does not have to return anything, nor return to POE on that date. My best guess is that she must have been nervous and misunderstood. Can anyone confirm this? Thank you!

[PallasAthena 101]

No, she doesn't have to return the I-94 nor return to the POE. Perhaps the immigration officer gave wrong information or thought she was on a temporary visa. Who knows. She will need the I-94 to file for adjustment of status, though.

[KayDeeCee 4,893]

She entered at a land border crossing? I guess that is why she even received an I-94 paper copy. She entered on the 1st and was only valid till the 29th? The CBP officer was mistaken that she needs to return to the POE and return the I-94, and was mistaken for not giving her 90 days for entry with her K-1 visa. Anyway, you just include a copy, front and back with her AOS paperwork and if you have an interview, the IO may or may not remove the I-94 from her passport at that time.

[espared12 52]

I forgot to mention she entered the US on a K1 visa......

[espared12 52]

She entered at a land border crossing? I guess that is why she even received an I-94 paper copy. She entered on the 1st and was only valid till the 29th? The CBP officer was mistaken that she needs to return to the POE and return the I-94, and was mistaken for not giving her 90 days for entry with her K-1 visa. Anyway, you just include a copy, front and back with her AOS paperwork and if you have an interview, the IO may or may not remove the I-94 from her passport at that time.

Her k1 visa was issued on Feb 13th 2014, she entered the US on March 1st, 2014, we married on March 12, 2014, mailed AOS yesterday, and her I-94 has a May 29th 2014 expiration date, which are the 90 days we had to marry and file AOS form date of POE.

[sweet cakes 326]

Have you also tried retrieving your wife's I-94 online? https://i94.cbp.dhs.gov/I94/request.html

[espared12 52]

Have you also tried retrieving your wife's I-94 online? https://i94.cbp.dhs.gov/I94/request.html

Yes, in fact, I included a printed copy from that site in the AOS package, along with copies of front and back of the I-94 that was stapled in her passport.

[KayDeeCee 4,893]

Her k1 visa was issued on Feb 13th 2014, she entered the US on March 1st, 2014, we married on March 12, 2014, mailed AOS yesterday, and her I-94 has a May 29th 2014 expiration date, which are the 90 days we had to marry and file AOS form date of POE.

Ahh, thank you. I misread that as she entered March 1 and it expired March 29. I have seen others get less than 90 days validity on their I-94 before, and one I recall was from a Mexican border crossing.

They do not need to retrieve their I-94 info from online. They were given a paper copy, stapled in their passport.