Replacement I-94 (form I-102) parallel with I-485 AOS Package?

[Maxximus1074 14]

Hi,

long time reader, first time poster here.

I'm originally from Germany, got here on a F-1 Student visa, was married to a US citizen (but no AOS). Got abused, got divorced, now married again.

A few years into the marriage my ex-wife started abusing me and while the marriage was on the rocks we eventually came to the point that we wanted to have a "weekend time-out to think about things". Little did I know when that it was part of a plan of my ex to get me out of her life. When I intended to come back to the common apartment she refused entry to the place. I was unaware that I could call the cops to give me assistance.

Long story short - eventually she e-mailed me to come and get my stuff that's left in the apartment as she is moving out of there and she knew I couldn't afford the place myself. When I arrived, I only found some clothes and a few of my personal items. The majority of my belongings, including important paperwork had been trashed by her (so I discovered on her blog on the web).

Among the things missing was my German passport including the visa (expired after we got married) and the I-94 record.

I was told that in order to file for AOS a replacement I-94 is needed and I would have to fill out form I-102 in order to obtain one again.

The form asks for other applications filed simultaneously and so I wonder if I can file the rest of my adjustment of status at the same time?

With any application having different, looooong process times I really would want to get my AOS started and hope that the missing I-94 is not extending the time for this to happen, or does the replacement need to be done prior to any other paperwork?

Any one got experiences with this?

Thanks for your input

Maxximus

Edited June 4, 2010 by Maxximus1074

[engineer21 51]

Hi,

long time reader, first time poster here.

I'm originally from Germany, got here on a F-1 Student visa, was married to a US citizen (but no AOS). Got abused, got divorced, now married again.

A few years into the marriage my ex-wife started abusing me and while the marriage was on the rocks we eventually came to the point that we wanted to have a "weekend time-out to think about things". Little did I know when that it was part of a plan of my ex to get me out of her life. When I intended to come back to the common apartment she refused entry to the place. I was unaware that I could call the cops to give me assistance.

Long story short - eventually she e-mailed me to come and get my stuff that's left in the apartment as she is moving out of there and she knew I couldn't afford the place myself. When I arrived, I only found some clothes and a few of my personal items. The majority of my belongings, including important paperwork had been trashed by her (so I discovered on her blog on the web).

Among the things missing was my German passport including the visa (expired after we got married) and the I-94 record.

I was told that in order to file for AOS a replacement I-94 is needed and I would have to fill out form I-102 in order to obtain one again.

The form asks for other applications filed simultaneously and so I wonder if I can file the rest of my adjustment of status at the same time?

With any application having different, looooong process times I really would want to get my AOS started and hope that the missing I-94 is not extending the time for this to happen, or does the replacement need to be done prior to any other paperwork?

Any one got experiences with this?

Thanks for your input

Maxximus

Hi Maxximus,

I have sort of the same problem. Not as bad though.. really sorry to hear what happened. No one deserves to be treated that way.

But anyway, I also lost my old passport with the expired student visa in it plus the I-94.

Do you have any copies of what you lost? If you don't what I suggest you do, which is what I did, is to go back to your school that you attended (still attending? even better) and ask the international student office if you can get copies of these things. This is what I did myself. Every international student office should have that on file (I'm hoping really hard for you!!)

Yes, to file the AOS (adjustment of status) you will at least need to provide copies of these documents

Next thing you should do is get a new passport if you haven't already. IMO, it looks better if you've at least tried to replace the things you can.

Then you can file i-102 to replace your I-94. That form will ask for copy of it too so that's where obtaining at least a copy will also be handy.

I personally haven't decided if I'm going to try replacing my I-94 because I'm already in the middle of my AOS process and don't think the replacement will come in time (I've heard that it takes 3 months or so for processing).

So far I have gotten by in the processing with just the copies I got from my international student office.

So, No, you don't necessarily need to replace before you file AOS. I didn't. But you will need copies!!

But in my case I have other things(original documents) as proof of legal entry to the US besides my lost I-94, so I am not too worried.

But that's your call if you want to replace or not. If you are going to replace it might be best to file that separately first, and then include a copy of the NOA (notice of action) once you get it, with your AOS application. Again, purely my opinion.

Good luck, and let me know if you have other questions

Also, let me know if you figure out a better way out of this problem

Edited June 11, 2010 by engineer21

[Maxximus1074 14]

Hiya

Sorry for the delay, but nonetheless Terima kasih for your response.

This past Monday I sent off my I-102 for the I-94 replacement. Haven't received an e-mail yet that my application was accepted (added that form on top to get the information that way) or received any receipt in the mail yet - but it hasn't been that long I guess.

Anyway, its "strange" that there's no "right process", would make it easier and less confusing with all those contradicting answers you see online.

As for me, despite the longer processing time for my whole status change, decided to wait for the number so that there will be no corrections or explanations from me needed further down the road with the I-485 package or even delays because of that. And it seems that average processing times for that are 4 months now, which is not bad at all, will hopefully have my conditional greencard approved by January next year.

As for help from school - well, I wish they would be on the ball for it, I haven't even received any transcripts I requested a year ago and so didn't even pressured them for more info. I do have written acknowledgment for my first two semesters that do match with the validity of my visa and entry date but its still no confirmation that I entered the US with my F-1 visa (no regular person will be able to confirm that unless, like I was told, someone took your photo when you had your visa visibly in your hands, giving it to an immigration officer at the airport).

Seriously, an attorney told me that the whole process of getting my I-94 replacement shouldn't be too hard as my last entry was "only" 9 years ago and not in the 1980s or even earlier where there was no computer archive in place collecting all the entry data - at least I had some copies of visa, passport to add to my case which also show some data to refer them to.

Oh and congratulations to your marriage by the way - how's married life? I see from your timeline/little profile we have things in common

[ice cream planet 0]

Hiya

Sorry for the delay, but nonetheless Terima kasih for your response.

This past Monday I sent off my I-102 for the I-94 replacement. Haven't received an e-mail yet that my application was accepted (added that form on top to get the information that way) or received any receipt in the mail yet - but it hasn't been that long I guess.

Anyway, its "strange" that there's no "right process", would make it easier and less confusing with all those contradicting answers you see online.

As for me, despite the longer processing time for my whole status change, decided to wait for the number so that there will be no corrections or explanations from me needed further down the road with the I-485 package or even delays because of that. And it seems that average processing times for that are 4 months now, which is not bad at all, will hopefully have my conditional greencard approved by January next year.

As for help from school - well, I wish they would be on the ball for it, I haven't even received any transcripts I requested a year ago and so didn't even pressured them for more info. I do have written acknowledgment for my first two semesters that do match with the validity of my visa and entry date but its still no confirmation that I entered the US with my F-1 visa (no regular person will be able to confirm that unless, like I was told, someone took your photo when you had your visa visibly in your hands, giving it to an immigration officer at the airport).

Seriously, an attorney told me that the whole process of getting my I-94 replacement shouldn't be too hard as my last entry was "only" 9 years ago and not in the 1980s or even earlier where there was no computer archive in place collecting all the entry data - at least I had some copies of visa, passport to add to my case which also show some data to refer them to.

Oh and congratulations to your marriage by the way - how's married life? I see from your timeline/little profile we have things in common

Hi,

I found your post through google searching this website. I am kinda in the same situation like you. Could you share what decision you made with me please? I entered as F-1, then OPT, and then H1B and I misplaced my new I-94(this one has my H1B status and expiration date). Good thing is that my employer has a photo copy of the I-94. Now I am preparing my AOS documents(recently got married to a USC)and I wonder if you apply for the I-94 replacement (it is now $330!)first or you file I-102 and AOS concurrently?

Thank you!

Ice Cream Planet

[BenjaminUKtoUSA 7]

Ice Cream Planet this post is over a year old... Read the advice on your original thread.

[alabama man 0]

Hi,

I found your post through google searching this website. I am kinda in the same situation like you. Could you share what decision you made with me please? I entered as F-1, then OPT, and then H1B and I misplaced my new I-94(this one has my H1B status and expiration date). Good thing is that my employer has a photo copy of the I-94. Now I am preparing my AOS documents(recently got married to a USC)and I wonder if you apply for the I-94 replacement (it is now $330!)first or you file I-102 and AOS concurrently?

Thank you!

Ice Cream Planet

you can use the photocopied i-94 card ... i had the same issue when i was changing from f1 to greencard . and i didnt have any problem with my application and interview . i just got approved a few days ago . all the best .

Edited July 20, 2011 by alabama man

[ice cream planet 0]

you can use the photocopied i-94 card ... i had the same issue when i was changing from f1 to greencard . and i didnt have any problem with my application and interview . i just got approved a few days ago . all the best .

Ｃｏｎｇｒａｔｓ！！

[Maxximus1074 14]

Ｃｏｎｇｒａｔｓ！！

wow...that's interesting, didn't know that a copy was enough for them. But then again, in my situation didn't even have a copy to look up my number from the I-94

I ended up applying for the replacement prior to sending in my AOS package - yes the whole process was delayed by 3 months, but it also gave us enough time to get the forms, evidence etc. ready for the adjustment application.

Good luck on your AOS journey,

feel free to stay in touch, post questions here and we'll share our thoughts and experiences with you

Maxximus

p.s. I noticed here that many people report that less then 4 months after their initial submission interviews are scheduled, meaning they seem to be faster right now processing, so I would apply for the replacement first....

Edited July 21, 2011 by Maxximus1074

[vq35hr 0]

a little late to the party here but i might as well share my experience.

i lost my passport, social security card, i-94 and i-20 while moving to Texas from Colorado.

i applied for a replacement I-94 and attached a police report only saying i lost it. they sent me a new card after 3 months. it came in the mail all of a sudden and never showed up in the CASE STATUS page on USCIS's website. i did remember my 1-94 number in my head so may be that made it easier i don't know. I recently got married and will be filing my AOS next month myself. Thanks visajourney for all the help.

funny thing is my community college didn't help me either. they said they didn't have copies of the documents I submitted there.