Missing I-94, Who to contact?

[MIKE & BETTY 0]

We are trying to change my wife's status after being married on a K1 visa and her passport does not have an I-94 stapled in it. Her visa has a stamp but no I-94. Who should we contact to rectify this situation?

Thanks,

[Yodrak 7]

MIKE & BETTY,

You can consider filing a form I-102 with the USCIS.

Yodrak

We are trying to change my wife's status after being married on a K1 visa and her passport does not have an I-94 stapled in it. Her visa has a stamp but no I-94. Who should we contact to rectify this situation?

Thanks,

[Peter Miami 0]

Did you guys lose it or they never stapled it?

Peter Miami

[MIKE & BETTY 0]

Did you guys lose it or they never stapled it?

Peter Miami

They never stapled it on my passport, there is only the stamp. We read what Yodrak said and we printed the I-102 form but they will ask us $160, should we pay anyway?

[Vinay 1]

They never stapled it on my passport, there is only the stamp. We read what Yodrak said and we printed the I-102 form but they will ask us $160, should we pay anyway?

You do need the I-94 as evidence of status when filing for the I-485. If you don't, you risk getting an RFE.

You don't have to pay the fee amount only if there are errors on your I-94 made by the USCIS through no fault of your own or if you served in the US armed forces. In your case, you probably have to pay the fee amount.

Also, you can use a copy of the stamp on your passport as evidence of admission when submitting the I-102.

Take into consideration the below instructions from I-102 when applying.

"Not Issued I-94/Extension - Status Change. If youwere not issued a Form I-94 at admission or are filing thisapplication with an application for extension of stay or changeof status, file this application where you are filing theaccompanying extension of stay or change of statusapplication."

[Yodrak 7]

MIKE & BETTY,

Although I suggested that you look at the USCIS form I-102 it's not clear to me if you should be dealing with USCIS or CBP. Be sure to read the Advisory note in the instructions for I-102 before you send your money to the USCIS.

Yodrak

Did you guys lose it or they never stapled it?

Peter Miami

They never stapled it on my passport, there is only the stamp. We read what Yodrak said and we printed the I-102 form but they will ask us $160, should we pay anyway?

Vinay,

Note that MIKE & BETTY are not applying for a change of status, they are applying for adjustment of status. Two different things. I don't know what the implications are, if any, for use of the I-102.

Yodrak

They never stapled it on my passport, there is only the stamp. We read what Yodrak said and we printed the I-102 form but they will ask us $160, should we pay anyway?

You do need the I-94 as evidence of status when filing for the I-485. If you don't, you risk getting an RFE.

You don't have to pay the fee amount only if there are errors on your I-94 made by the USCIS through no fault of your own or if you served in the US armed forces. In your case, you probably have to pay the fee amount.

Also, you can use a copy of the stamp on your passport as evidence of admission when submitting the I-102.

Take into consideration the below instructions from I-102 when applying.

"Not Issued I-94/Extension - Status Change. If youwere not issued a Form I-94 at admission or are filing thisapplication with an application for extension of stay or changeof status, file this application where you are filing theaccompanying extension of stay or change of statusapplication."