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Filed: Timeline
Posted

Hi, I'm new here. Hope you could help me.

I entered US (K-1 Visa) in March 2009. We will get married next week and we plan to file an adjustments of status after that. Hence, I researched on how to file the AOS and the needed documents.

In various posts here, I noticed that I-94 is needed for AOS filing. My problem is, I don't have I-94 when I entered the immigration. I know what is I-94 because I've been in US twice (Tourist Visa) before I came here in March. I filled-out the I-94 when I was in the plane. When I entered the immigration area and figured out where I should go (because I was aware that there's a different line for K-1 visa holders unlike in my previous visits as a tourist), I asked an officer there where where I should go. She asked me what visa I was holding and I said K-1 (Fiance). She saw my I-94 and she got it and said that I didnt need that. When I was already in the booth and the immigration officer was talking to me, he didnt asked for my I-94. So I told myself that probably I-94 is not needed for K-1 visa holders. Instead, he got my passport and stamped the date until when I caould stay in US and got married.

Will this be a problem for me? Is I-94 really required? What will I do if I dont have my I-94 if that is required? Thanks and I hope somebody can help me on this.

Filed: Timeline
Posted

My POE was San Francisco. The Immigration Officer stamped my passport. I checked it again just now to make sure. During my previous visits, they usually stamped the date of my entry and the type of visa (B1/B2). I noticed that the stamped now is:

"Admitted

22 March 2009

until _______"

and then there's a handwritten note in the blank as shown above, " K-1 June 20 2009".

I happen to borrow a book on immigration from a friend. And I read that there are rare cases that there's no I-94 but instead it was stamped in the passport.

Do you think that is enough? Thanks for your immediate reply.

I-94 is required - so you didn't even get your passport stamped?

Which POE did you enter through?

Posted
Do you think that is enough? Thanks for your immediate reply.

It should be the entry-date-proof they (USCIS) needs. I would note on the copy you make for your I-485 (as suggested in the Guides) that "No I-94 issued at POE, stamp given" and list the POE as SFO. :thumbs:

Filed: Timeline
Posted

Thanks so much. I agree with you. I will just note that in my I-485 application.

Do you think that is enough? Thanks for your immediate reply.

It should be the entry-date-proof they (USCIS) needs. I would note on the copy you make for your I-485 (as suggested in the Guides) that "No I-94 issued at POE, stamp given" and list the POE as SFO. :thumbs:

Filed: Timeline
Posted

hi, can you give me the link on the "guide" your referred to. thanks again

Do you think that is enough? Thanks for your immediate reply.

It should be the entry-date-proof they (USCIS) needs. I would note on the copy you make for your I-485 (as suggested in the Guides) that "No I-94 issued at POE, stamp given" and list the POE as SFO. :thumbs:

Posted

Look at top of this forum - click the "Guides" link :)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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