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AOS I-485 form -Can you use an ESTA# in place of an I-94?

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Hello! First, I wanted to say how valuble this site and community has been for me and my wife pulling us through all the paperwork involved to get her K1 visa. We finally got married in June and are now trying to finish up with our Adjustment of Status paperwork. Where I am runing into some issues is that my wife came to the U.S. on an ESTA visa waiver program and therefore never received an I-94. We tried the government website that should pull up your I-94 electronically, but she was not in there no matter how we put in her name. From what I understand, she probably never did get a I-94 because of her ESTA. If this is the case, should we put her ESTA number in where it asks for an I-94 in form I-485? Any input will be much appreciated!

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I-94s have been electronic for people arriving by air or sea since mid-2013. You go to the website to print it out if you need it.

Thank you. We tried that website and could not get her info to come up. Since she used an ESTA it appears they would not have given her an I-94 to begin with. At least that's how I see it from what limited info I could find online.

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You mentioned K-1 visa and posted this in the K-1 forum. But you also said she entered on Visa Waiver Program (VWP). (ESTA is just authorization to allow someone to enter on VWP.) So did she enter on K-1 visa or VWP?

People entering on VWP used to get "I-94W"s before they went electronic. So she should be able to get something on the I-94 website (unless she entered by land, in which case she should have gotten a paper one). Maybe something is entered incorrectly?

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so at the poe, the K-1 visa wasn't activated and logged, at all.

suggest you go back to any CBP secondary inspection office and get this sorted, face to face, live with a supervisor.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

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*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- OP is at the AOS stage. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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You mentioned K-1 visa and posted this in the K-1 forum. But you also said she entered on Visa Waiver Program (VWP). (ESTA is just authorization to allow someone to enter on VWP.) So did she enter on K-1 visa or VWP?

People entering on VWP used to get "I-94W"s before they went electronic. So she should be able to get something on the I-94 website (unless she entered by land, in which case she should have gotten a paper one). Maybe something is entered incorrectly?

I should clarify that her ESTA was filed and approved last year when she came to the states for the first time to see me. Maybe there was simply some sort of mistake with her name in the registry with the CBP I-94 because she was approved by her K-1 visa in customs when she arrived in the states a few months ago. Does anybody know if there is a phone number I can contact to figure this out? We pretty much have her AOS papers complete except for this and while I've heard from others that you can file later than the visa states so long as you got married beforehand, I would really like to file within the remaining three weeks left of her visa.

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ok - so was her entry record found, and if yes,

under what visa category does the I-94 record entry reflect/state?

and were you able to print it out to paper ? and also save as a pdf file on a computer ?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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ok - so was her entry record found, and if yes,

under what visa category does the I-94 record entry reflect/state?

and were you able to print it out to paper ? and also save as a pdf file on a computer ?

Yes. I was able to make a copy for safe-keeping.

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