I-130/I-485 require an I-94?

[nyc10029 0]

Hello,

 

I (US Citizen) and my spouse (DACA recipient) are filing a concurrent I-130/I-485. In the I-485, there is a note to include the I-94 form. However, when I go to get the latest I-94 form for my spouse online, no documents are found. I've tried all variations of their name and document numbers (Passport, USCIS #, A#), but nothing is returned. My spouse entered the US in 2000 as a child, so I feel that there may not be an I-94 on file. 

My question is, do I need to file form I-102 to get a replacement I-94 (and pay the associated $500 fee)? Or since my spouse is a DACA recipient, is the need for the I-94 moot, and I can simply include their DACA card with the I-485?

Thank you!

[Boiler 44,855]

To adjust you need to show he has the basis of being able to adjust, he entered with inspection.

 

The obvious way of proving this would be the stamp in his passport.

[nyc10029 0]

We have a renewed passport as of a month ago, it doesn't have any stamps in it, and we don't have the passport that was used to enter as this was several decades ago. The only proof of current status is the current/non-expired DACA card, so I presume that would be okay to use in lieu of the I-94?

[Boiler 44,855]

I am not sure how you plan to get a replacement I 94 if one is not in the system?

1 minute ago, nyc10029 said:

We have a renewed passport as of a month ago, it doesn't have any stamps in it, and we don't have the passport that was used to enter as this was several decades ago. The only proof of current status is the current/non-expired DACA card, so I presume that would be okay to use in lieu of the I-94?

DACA is not a status as the name says.

[nastra30 2,228]

2 hours ago, nyc10029 said:

The only proof of current status is the current/non-expired DACA card, so I presume that would be okay to use in lieu of the I-94?

Deferred does not provide lawful status and doesn't proof someone was inspected/paroled so DACA card won't do. USCIS needs proof that they were inspected/paroled into the country.

[Crazy Cat 41,184]

2 hours ago, nyc10029 said:

My spouse entered the US in 2000 as a child,

Have you spoken to an immigration attorney? This might be more complicated than you think.

[SalishSea 17,464]

5 hours ago, nyc10029 said:

We have a renewed passport as of a month ago, it doesn't have any stamps in it, and we don't have the passport that was used to enter as this was several decades ago. The only proof of current status is the current/non-expired DACA card, so I presume that would be okay to use in lieu of the I-94?

No.  You need to show how he entered the US.

[Pinkrlion 2,673]

The instructions state that to file the I485 you have to have an inspected entry into the US. This a good time to get an attorney.