Filing for AOS when i-94 was not given at port of entry

[sera77 35]

My Australian husband came over on the K-1 visa in mid december, we married 2 weeks later and are now going through the paperwork we need to complete in order to file for his adjustment of status.

Our problem- He was never given his I-94 at L.A airport by the officials there.

He wasn't sure what paperwork was required of him at entry other than handing over his mysterious brown envelope. He told the officer there that and asked him what else he needed to fill out. His passport was inspected and stamped with entry date, but he was never told to fill out an I-94 and was told his paperwork was complete and there was nothing else to do and welcome to America.

Now that we're ready to file for adjustment of status we do not have the I-94. We do have his alien number.

We arranged an infopass appointment and the person he met with seemed inexperienced with the situation and k1s in general and told us to either file with aos without it or file for a new I-94 but that it would take 3 or 4 months to process and cost 320 dollars. Our choice, and she wasn't sure which was best to do.

We're thinking of going ahead and filing without it, and simply including a statement as to why no I-94 is included in the paperwork.

I was just wondering if anyone else has had this problem.

Very depressing to have been so careful with all the paperwork up to this point and now to have hit this major snag in filing for AoS.

Sera

[Wis-Can 0]

I copied this from the website:

To replace a lost, stolen, or mutilated USCIS Form I-94 (Arrival-Departure Record) or Form I-95 (Crewman's Landing Permit), you must file USCIS Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival - Departure Document). If the USCIS Form I-94 or Form I-95 is mutilated, attach the original form. If the USCIS Form I-94 or USCIS Form I-95 was lost or stolen, submit a copy of the original USCIS Form I-94. If you do not have a copy of your original USCIS Form I-94, submit a copy of the biographic/photo page from your passport and a copy of the passport page that was stamped by immigration inspectors when you entered the country. If you cannot submit any evidence of your legal admission to the United States, submit a full explanation and proof of your identity.

Forms are available online, or by calling 1-800-870-3676, or by submitting an online request to receive forms by mail. After receiving Form I-102, read it carefully and note the documentation that must be submitted. Detailed information is provided in the accompanying instructions for Form I-102. Further information on forms, filing fees, and fee waivers is available in Forms, Fees & Filing Locations.

Hope it helps.

[Otto 83]

Our problem- He was never given his I-94 at L.A airport by the officials there.

He wasn't sure what paperwork was required of him at entry other than handing over his mysterious brown envelope. He told the officer there that and asked him what else he needed to fill out. His passport was inspected and stamped with entry date, but he was never told to fill out an I-94 and was told his paperwork was complete and there was nothing else to do and welcome to America.

Inspected and stamped? Like in the photo below?

If not, is it possible to return to the original POE?

You will need the I-94 to file AOS. If you are unable to get it, you can file an I-102 FORM to get a replacement (comes with a fee of course).

[Anh map 2,098]

The arriving passenger fills out the I-94. They are usually given out on the plane by the cabin crew, not by the CBP officer.

Contact the LAX POE. http://www.cbp.gov/xp/cgov/toolbox/contact...rts/ca/2720.xml

[Gary and Alla 3,694]

As with ALL things in this process...if anyone makes a mistake, it is your problem. This is something you need to be informed of and train government workers along the way as needed. When they make a mistake, it is NOT OK to file without an I-94. Your husband should have filled it out and the CBP should not have allowed him in without filling it out. YOU should have checked all his documents before leaving the airport to make sure he had everything he needed. This will apply to the SS office, the DMV, everything. Government is full of incompetent employees at all levels. YOU need to know your rights and obligations, carry with you documents to prove this and be prepared to train untrained workers.

You will have to return to the POE and see if they will allow him to do a new I-94 OR fill out the forms, send it in and request a new I-94. Sending the AOS package without it wil only result in an RFE a few weeks from now and you will have to fix the problem then instead now.

[Wis-Can 0]

I would go back to the airport and talk to a CBP Supervisor and explain the situation. Hopefully that will get you the I-94. When I called about an error on mine, they told me to take it to the nearest POE or USCIS office to have it corrected or fill out the form and submit it. Good luck.

[thongd4me 69]

I copied this from the website:

To replace a lost, stolen, or mutilated USCIS Form I-94 (Arrival-Departure Record) or Form I-95 (Crewman's Landing Permit), you must file USCIS Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival - Departure Document). If the USCIS Form I-94 or Form I-95 is mutilated, attach the original form. If the USCIS Form I-94 or USCIS Form I-95 was lost or stolen, submit a copy of the original USCIS Form I-94. If you do not have a copy of your original USCIS Form I-94, submit a copy of the biographic/photo page from your passport and a copy of the passport page that was stamped by immigration inspectors when you entered the country. If you cannot submit any evidence of your legal admission to the United States, submit a full explanation and proof of your identity.

Forms are available online, or by calling 1-800-870-3676, or by submitting an online request to receive forms by mail. After receiving Form I-102, read it carefully and note the documentation that must be submitted. Detailed information is provided in the accompanying instructions for Form I-102. Further information on forms, filing fees, and fee waivers is available in Forms, Fees & Filing Locations.

Hope it helps.

We will have to fill out the I-102 but there is no fee because it was their mistake.

The regular fee is $320.00

Ouch!

[ashenflowers 5]

Hi sera (and others with the same problem),

The exact same thing happened to me. When I crossed the border (by land from Canada), they processed me as a K-1, and stamped my visa and took my package of documents... but they did not give me the I-94. I was extremely upset! You must have the I-94. It is their mistake that they didn't give you one, but you will have to get one.

You do not need to do the I-102 form in this case. Go to the 'deferred inspection site'... you can find the info here. http://www.cbp.gov/linkhandler/cgov/toolbo...ction_sites.pdf

There is one in downtown L.A. I went there today and was able to get the I-94. Hopefully it's correct this time. lol Just a heads up, the building is kinda funky, and it's a bit hard to find. It's near the centre of the building, on the 2nd floor.

I found this info after lots of searching online, (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/) and I called them ahead of time (the number on that pdf I linked to is incorrect... their actual number for the L.A. one is (213) 830-5972). You do not need an appointment. However, they are closed on Thursdays, and closed from 12pm-1pm. They are very helpful. I hope this also helps you.

*edited to add*: please try this method before filling out the form. The processing time on the I-102 is about 2-3 months, which will add time and stress on to your process for AOS. In this particular case (entering on a K1 and they forgot to give you the I-94), going to the deferred inspection site is the option I would recommend. Additionally, they do prefer that people go to the deferred inspection site rather than a POE at an airport.

Edited January 28, 2010 by ashenflowers

[sera77 35]

Hi sera (and others with the same problem),

The exact same thing happened to me. When I crossed the border (by land from Canada), they processed me as a K-1, and stamped my visa and took my package of documents... but they did not give me the I-94. I was extremely upset! You must have the I-94. It is their mistake that they didn't give you one, but you will have to get one.

You do not need to do the I-102 form in this case. Go to the 'deferred inspection site'... you can find the info here. http://www.cbp.gov/linkhandler/cgov/toolbo...ction_sites.pdf

There is one in downtown L.A. I went there today and was able to get the I-94. Hopefully it's correct this time. lol Just a heads up, the building is kinda funky, and it's a bit hard to find. It's near the centre of the building, on the 2nd floor.

I found this info after lots of searching online, (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/) and I called them ahead of time (the number on that pdf I linked to is incorrect... their actual number for the L.A. one is (213) 830-5972). You do not need an appointment. However, they are closed on Thursdays, and closed from 12pm-1pm. They are very helpful. I hope this also helps you.

*edited to add*: please try this method before filling out the form. The processing time on the I-102 is about 2-3 months, which will add time and stress on to your process for AOS. In this particular case (entering on a K1 and they forgot to give you the I-94), going to the deferred inspection site is the option I would recommend. Additionally, they do prefer that people go to the deferred inspection site rather than a POE at an airport.

THANK YOU

My god, you've saved us a lot of time and money. My new husband went to the deferred inspection site in Buffalo and got processed. Apparently he not only wasn't given an I-94 at LAX but they didn't process him properly (or at ALL, it seems) . He was not in any system and his mysterious brown envelope given from the embassy and handed in at L.A. airport is now MIA. All we had was his passport stamped at l.a. to back up what we said. Well, that and our new marriage certificate. They were very good and helpful at Buffalo. They checked and doublechecked stuff to be sure we were on the up and up, but we got processed and we have the I-94 and he's hopefully now able to apply for AOS with just getting his medical redone.

So Ashenflowers, we owe you a huge thank you and really appreciate the effort you went to in your post.

S & K

[ashenflowers 5]

ohh... I just saw this reply after checking when you sent me a PM. You are so very welcome! I'm glad it helped. Good luck with AOS!

[RandyF 0]

Inspected and stamped? Like in the photo below?

If not, is it possible to return to the original POE?

You will need the I-94 to file AOS. If you are unable to get it, you can file an I-102 FORM to get a replacement (comes with a fee of course).

Is this the I-94 form? Because this is the only paper they gave at LAX airport.

[RandyF 0]

Is this the I-94 form? Because this is the only paper they gave at LAX airport.

Up! Can someone verify if this is the I-94 form please.. Thank you.

[Otto 83]

Up! Can someone verify if this is the I-94 form please.. Thank you.

It is - that's why I posted it.

May also have a stamp that looks like