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Found 40 results

  1. I need advice/someone been through this I’m here in the US with my husband. We are on M-1/M-2 visa. We applied for extension two months before our i-94 date expires. We just received that our i-539 is denied. I’m currently 38 weeks pregnant which means I can’t fly. We applied for OPT (optional practical training) but haven’t received anything yet. 1) My i-94 has expired but I filed the extension 60 days before and now I can’t fly. What to do? 2) Is the i-539 form related to the opt? Does that mean the opt will be denied too?
  2. Hi guys I came from Brazil in 2009 with a tourist visa and lost my while moving i-94 along with password that had visa. Didn't file police report because I didn't realize it until much later about it. Wasn't allowed to get an i-94 online since they only keep records of the last 5 years I believe so I opened a ticket on CBP website explaning the situation along with the passport number and day i arrived and visa number, and after a month they sent me an email containing my full name, admission number, DOB, country of citizenship, admission code,arrival-port, and document type... I'm filling for adjustment of status through my spouse and I'm just wondering if that's enough to prove that I came here legally???
  3. My (now) wife came into the US from Canada on December 1st and was given until March 1, 2018 to find a job on her I-94 which is attached to her passport. On Feb 16th, we got married, however we need to wait for the Marriage Certificate to get processed before we send in the paperwork as we need to attach a copy of said Marriage Certificate to the packet. We also need to send a copy of the I-94 that is attached to her passport. Will she be deportable since the packet will be sent after March 1?
  4. Hi All, A friend of mine is filing for AOS and entered the US via land driving from Canada. In order to fill in the 1-94 section on the forms, she went on the required site to get the i-94 information. The site does not show her last entry, only the one before when she arrived by air. What is she supposed to do in this situation? Put the date on the i-94 or the date that she actually entered? Will this pose a problem?
  5. Hi Guys, I entered the US on feb 1st 2018 with my K1 visa. The CBP officer just gave me my passport back with a stamp mentioning the 3 months that i have to marry my fiancee. Now this is the part that gets me confused- I went to this website- https://i94.cbp.dhs.gov and printed my latest I-94, does that mean that I'm in the "system" ( aka SAVE-ASVI system)? or should I wait for a 1-2 weeks? Another question - what documents do I need to bring with me to get my SSN? Thanks!
  6. I entered the U.S on 01/2017 (B2 visa) and was admitted until 04/13/2017. On April, 2017 I filed I-539 form to extend non-immigrant status via an attorney. I submitted the papers to the attorney and paid before the expiration, but the I-797C, Notice of Action date is showing they received it 3 days after the due date. My wife (US citizen) and I got married on August 2017 and on September I received a letter from USCIS requesting for more evidence regarding the I-539 form. When we discussed it with the attorney that filed it, she said to simply file the new I-485 and I-130 as soon as possible. 2 months after (12/2017), I received a Notice of Decision which says the I-539 was denied due to abandonment. We are now filing the I-130 + I-485 this week (01/2018), due to delays gathering all documentations. Sorry for the long intro, now for my questions: (1) Do I need to submit a copies of I-539 and related notices with my I-485? (2) Do I need to write a separate letter explaining this situation? (3) On I-485 Part 8, 17 - should I mark Yes or No? (violation of non-immigrant visa) Your help is extremely appreciated!!
  7. Sorry for posting so much this week, I'm just trying to file this as quickly as possible but I don't want to make any oversights that might jeopardize our application either. I have a quick question about my Fiance's I-94 for the I-129F. I live in Michigan so when I fly anywhere I fly in/out of Toronto since it's much cheaper, and he did the same when he came for my graduation. However, he flew United and had a layover in New Jersey on the way back. At the airport he went through USA pre- check in Toronto where he got an "entrance" stamp on his passport despite not actually being back in the US, its supposed to make the process quicker. Long story short his flight was delayed 4+ hours and they ended up giving him a direct flight from Toronto since he had already missed his connection. So he has an entrance stamp but no exit stamp and his I-94 states he entered on May the 22nd and never left. Obviously he did leave but I'm really worried its going to affect our petition. He didn't keep his boarding pass as he didn't think anything of it at the time and there is no proof of an edited itinerary. Is there anything I can do to prevent this from affecting our petition?? My current plan of action (I'm not sure if this will be good or not, I'd just like some feedback if you wouldn't mind): -I've contacted the airline for a "proof of delay" letter, apparently they do that but it takes 7-10 days and I'm not sure if it will be from too far back. -I've got a copy of his bank transactions that shows purchases in GB after the 22nd. -We just found the luggage tag off of his suitcase that shows (YYZ to London, May 22nd) Do you think that this will be enough, is there more that we should do? Any comments or suggestions are greatly appreciated!
  8. Under evidence requirements of the I-129f petition, it says something about the beneficiary having a I-94 form. We are confused about what this is... He has only ever visited me here once for a little over 2 weeks and that was it. Do we have to provide the I-94 form? Does it pertain to him?
  9. Please help Hello, I'm a 40 yrs old American Citizen living in US, my question is can I file an I-130 to petition my sister that lives in US but overstay her tourist visa? She came in 2001 with legal entry and as I said using a tourist visa and her permit I-94 (both expired but on hand)
  10. I am applying for STEM OPT Extension and I need to fill I-765 form. On the back side of I-765, there is a box for "Alien Registration Number or Form I-94 Number". Is this Form I-94 Number same as Admission (I-94) Record Number (11 digit numbers) listed at the top of Most Recent I-94 from the official website? Because they use different names I am confused, but this is the only number I can find on Form I-94. Can anyone please help!
  11. Hello! My fiance is Cuban and arrived to the US on a K1 visa in early September. We got married last week and are applying for Adjustment of Status. I wanted to make this forum for anyone going through the same process, previously, currently, or in the future, in order to share helpful information and advice. Questions Does anyone have a checklist of documents/information they submitted along with their AoS, SS, and EAD applications? Are all documents, including marriage certificates, meant to be submitted in copy form? As K1 visa applicants that were approved, do we have to submit as much evidence about our relationship as we did for the I-129F and visa interview? Does this include photos, messages, call logs, shared bank accts, etc? Finally, since our fiance's completed their medical in Cuba or wherever their home country is, do they need to do this again in the US? If not, what paperwork from their initial medical exam do they need to submit? Thank you all in advance. Tagging @058rocale and @forena99 who have also gone through the process and have been immensely helpful throughout! <3 x
  12. Hey everyone, I'm still confused about submitting the AOS application after the I-94 expiration date. My wife and I got married within the 90 days but I will be submitting the AOS application after the I-94 expiration date. I checked about the extension of the I-94. It appears that K nonimmigrant visa holders are not eligible for I-94 extensions according to this link: https://www.uscis.gov/visit-united-states/extend-your-stay I'm guessing it's because it's a conditional visa. I hope that that also means that if the condition is met then (assuming AOS is filed fairly soon after the marriage) then the I-94 kind of automatically extends. I'm under the assumption that the marriage gives her a quasi-status. Not legal, but not illegal. It's kind of a gray area, a middle zone. I would just like a clearer explanation (and more recent experiences if possible) about this situation. I've seen that up to a year is still alright to file the AOS (I plan on submitting it well before a year) but I've seen other information as well. Any advice or someone who recently filed after I-94 expiration willing to share their experience? Thanks
  13. As the title say, What should I put in Part 1, 23 c, It asks for the status expiration date on I-94. I-94 says D/S.
  14. Hello, I’m currently constructing my I-129f package. I have a question regarding an I-94 attachment. My girlfriend is Chinese and we met when she was in the US on a student visa. Her visa eventually expired and she went back to China. Since she has been in the US, I am under the impression that I need to include her I-94, from that stay, in the I-129f package. However, that I-94 is not the most recent one I think. She tried to visit the US on a travel visa only to get denied entry for “suspicion” of entering with bad intentions. She voluntarily withdrew her visa to make things easier and signed some withdrawal papers. I think this trip would be her most recent I-94. I need the I-94 before the one that she got denied because they get a new number every time. On the I-94 website, there is no record of her most recent I-94, but there is a travel history that doesn’t include the trip where she was denied entry. Here’s where my question comes in. Do I really need to include the specific I-94 or would it be sufficient just to include the printout of her travel history, which consists of Arrival/Departure dates and passport number (does not include any I-94 numbers)? I know about the I-102 form and FOIA request to replace an I-94, but I think these options would take months. Thank you for any and all help.
  15. My wife is currently visiting on a B-1 VISA and will return to Manila in about 4 weeks. While she is here we are mailing the I-130 packet which will obviously not be processed before she leaves the country. 46a-46d asks for I-94 information (which we don't have) if she's in the country presently. Do I need to include this since she will be gone before the packet is processed? I guess the question is "is 'currently' at time of processing or at time of mailing" and if so where do we get this as she has entered and left the U.S. multiple times for vacation, holidays and work in the last 12 months. thanks in advance!!
  16. Had a couple questions regarding filling out I-129F. Some are probably super obvious answers but... 1. Part 1 40a-42c... This question asks about being issued a certificate of citizenship, I feel like I am being overly dense and I am not sure if they are asking for my (US citizenship by birth) birth certificate information and if I should answer yes to being issued one? 2. Part 2 38a-38h. Asks if your beneficiary is CURRENTLY in the United States and if so, to fill out the remainder of the section. He was just here for three weeks and left two weeks ago. We do have a copy of his I-94, and were planning on including it, but it only shows he entered the united states, and not that he left. Am I even supposed to fill out this section since he isn't currently here in the US? And on that note, should I actually include the I94 when I file the I-129F? 3. He arrived on Sept 1st, but his passport was stamped for Sept 2nd. I am going to include a post it and explain this to them, but I am wondering if anyone else has had this issue and if so, was there any issues that occurred from the wrong date being stamped? (I have some other documentation showing that he arrived on the 1st of Sept.) Thanks for any feedback!
  17. Hi all, I have a question for my form 485 which is for AOS. I entered the States on 14th Sep. but I found that the date for how long I can stay in the states in my passport was wrong,probably human error? They gave me till Dec.2018. But I checked online I-94, the valid date was till Dec.2017. So which one I should follow? And will it be a problem when I submit my application for AOS. Thanks a lot!
  18. So my fiancée and I (the beneficiary) are gathering all the documents needed to file the I-129F form, from my understanding from "step-by-step" guides I have seen online, the I-94 is required if the beneficiary has travelled to the United States before, the I-94 is basically a paper that shows your arrivals and departures to and from the United States in the past. Now the problem is I was 2-3 years old when I went to the States, I went twice, and I can't find the passport I had when I travelled (the passport number at the time of travel is needed to produce the I-94 paper online), what do I do? And is it required if I only travelled to the US only when I was under the age of 18? Please explain to me in detail if possible, much appreciated.
  19. Hi, we're currently filling out the I-129F form and it clearly states that the I-94 information (38.a. - 38.h.) is not needed unless the beneficiary is in the US. But I did see some comments in this forum about attaching the most recent I-94 if you checked the Yes box for "Has your beneficiary ever been in the United States?". As I'm the beneficiary and I have been to the US, I just retrieved my I-94 from cbp.gov and it does not show my departure date. "Most recent date of entry" (07/28/17) is correct, but then all it says is "Admit until date" and lists 10/25/17. I went on an ESTA so it does make sense that I'm admitted until October, but since I left already, should that not be reflected? So is the I-94 really needed (can't find anything on uscis.gov about this) and if it is, what do we do if it's not accurate? We just don't want to submit contradicting information (as the I-129F is clearly stating that I've left the country) when we're not really sure it's even needed.
  20. Hi guys, We started our paperwork last night, and I'm already finding it frustrating. My fiance is from Scotland, visiting for the summer, so he is on VWP; the I-29F asks if your fiance is in the USA at the time the form is filled out/filed, so I obviously marked yes, as a visitor. It asks for an I-94 expiration date and arrival/departure record number. What is that? Is that just to do with B-1 and work visas? Please help.
  21. Hello All, I have really screwed up and I am trying to understand what will happen from here. My husband has come to the US on a K1, we got married and sent off our AOS. Long story short, when they received our AOS, the filing fee check had bounced a few times. I'm sure they are currently in the process of sending our packet back to us, and we will refile once it is returned and assure that the next check we send will not bounce. Here is our issue: The point to which our AOS packet is returned to us and sent back may overlap with the 90 days the I-94 allows him to be here lawfully. I believe he becomes "Out Of Status" or something to that effect. My question is what happens in that overlap between when the 90 days expire and the AOS is received again? Worst case scenario is that overlap is 1-2 weeks based on processing times. He is lawfully abiding by the rest of the terms of the I-94/K1 visa. Will that overlap time count against him? Is there anything else we will need to include in the packet we return since the time has overlapped? I have scoured many other forum posts to this but specific advice would be helpful. Thanks
  22. My i94 has my given name as my given name + my middle name. On the form i 485 question 25a-c is "Provide your name exactly as it appears on your Form I-94". 25.a. Family Name __My family name____ 25.b. Given Name __My first and middle name___ 25.c. Middle Name ______________ Should I call CBP / try to get my name changed on the I-94 to just my given name and not my given+middle together? Should I leave the question as is or write my middle name in 25.c. even though that's not "exactly" as it is on the i-94. Thank you.
  23. Hello everybody, I, once again, need your insight to resolve some of my preoccupation regarding my Adjustment of Status. 1) I-94: When I arrived in the US the border employee, after checking the package of visa k1, put a stamp on my passport with the date of my entry, the expiration date of it (90 days to marry) and my alien registration number. Is that the I-94? Should I make a copy and send it with my AOS package? I also tried to get the I-94 online but didn't show any result. 2) I-693 Medical Exam: I've read that all visa k1 holders are not required to take another medical exam since if the previous one is still valid (one year, I had it on June 26th 2017). In that case what should I send with my AOS? After my medical exam the doctor gave me an envelope with the list of vaccinations that I had, should I make a copy and send that? 3) DL California State: If you know any information about the driving license in California, will the DMV accept my SSN, passport and marriage certificate to take the license or they need my Green Card? Thank you everyone.
  24. This forum has been so helpful, I wouldn't be this far without it, im getting to the end and keep coming back to these, My fiancé and I had lived together for several years while we were in college in the United States, it is heavily documented in our petition and he had no visa issues, but I do not have a page explaining he had _____ student visa issued to him for the duration. None of our proof of having met is during this period so we think it will be fine without, but we do not want to get an rfe. I have thought of including his full passport scan to show evidence of this visa, thoughts? The new I-129f is unclear about I-94, on the petition we can see Part 2 question 37. is not related to 38. a-h. However the wording in special instructions page 5 does not mention this and uses the words most recent. I have read two different answers about this, logically the petition is what we are filling out so I will leave 38. a-h blank as he is not currently in the United States? Then if you look at page 11 of special instructions it simply says if they have been issued an I-94, provide it. So with our evidence would it be acceptable to just include his most recent? Or is this only if you needed to fill out Part 2 question 38 Also, with the G-325a being included into I-129f, I assume it is okay to include our passport photos in the same way as G-325a, in ziplocs attached to sheets, labeled placed behind the I-129f? I have searched for this info and found conflicting info or none, just double checking everything. Thank You!
  25. Hi, Reading a couple of other discussions, but quite old ones, I just wanted to check something: I arrived on K1, January 17, got married on Feb 18. We took our time getting the AOS application together as my husband hadn't been filing tax returns (he kept filing extensions) and took a while to get all that sorted. As a result, I didn't file for AOS until late May, but my I-94 expired on 16th April. Does this period (16th April to 24th May) count as 'overstay'? If so, would I be at risk of refused re-entry on an I-131 (in November) if my AOS is still pending? I expect I would have EAD by then, would that change anything? I just want to check because I will soon be applying for I-131. I didn't do it at the time I applied for AOS and EAD as I had misunderstood and thought you could only apply if you knew when you were travelling. In any event, that would have been after my I-94 expired anyway as mentioned above. So, is there more risk of my being denied entry on my return because I didn't apply for my AOS until approx 45 days after my I-94 expired? Yours in sudden panic! Adam