K1 AOS no i94?

[Shookeums34 2]

Just got our license and finished everything up today! We're filling out the paperwork, but for her EAD in the AOS package we have a bit of a confusion. She said there was no i94 (she came on a J1 before, that's how we met) when she arrived. We looked her up online and it shows her old arrival but that's it really.

Will this be a problem? she has arrival stamps but doesn't seem to have any leaving, but she didn't stay over or anything, we can probably find plane tickets or something if that's a big problem but since we got this far, I kinda doubt that.

Also, when filling out the i765, are we accepting permission to apply for working permission, or renewing since she did previously work in the US on a j1 visa two years ago?

[Hypnos 6,576]

Are you saying you can't find her I-94 entry online for her most recent K-1 entry? Unless you have some other document proving legal entry (such as her passport being stamped "K-1") then you will need to get this fixed before you can successfully file for AoS.

I'm not really clear on what you're saying, and for which entry you are talking about.

[Shookeums34 2]

Are you saying you can't find her I-94 entry online for her most recent K-1 entry? Unless you have some other document proving legal entry (such as her passport being stamped "K-1") then you will need to get this fixed before you can successfully file for AoS.

I'm not really clear on what you're saying, and for which entry you are talking about.

We have a i-94 for her J1, but not her K1, thought we do have an entrance stamp for the K1.

There are three options for the EAD, one says applying for working permit, one is apply for if you lost it, and one is to renew. Since she has worked on a j1 before, are we renewing, or still just applying for a new one?

[Hypnos 6,576]

I would use the entrance stamp for her K-1 as proof of legal entry; hopefully you won't be RFE'd for the I-94, but if you were you would need to visit a CBP Deferred Inspection facility to get the record amended: http://www.cbp.gov/sites/default/files/documents/deferred_inspection_sites_052914.xls

On the I-765 she would be applying for permission to accept employment, which I think from memory is the first option. Since it's a new category code (C-9) then it isn't a renewal.

Edited September 16, 2014 by Hypnos