I-485 and missing I-94

[Jumping2011 0]

I'm helping a friend of mine with a petition to adjust status. He has been here for more than 20 years and entered on a visit visa. He is now married and has a four year old child with his spouse who is a citizen. Now he wants to adjust his status. I believe he is supposed to file an I-485 since both he and his spouse are here. However he can't find his I-94 and it needs to be sent in with his petition. Is there a way of obtaining a copy or what are his options?

Thanks

[aleful 1,905]

I'm helping a friend of mine with a petition to adjust status. He has been here for more than 20 years and entered on a visit visa. He is now married and has a four year old child with his spouse who is a citizen. Now he wants to adjust his status. I believe he is supposed to file an I-485 since both he and his spouse are here. However he can't find his I-94 and it needs to be sent in with his petition. Is there a way of obtaining a copy or what are his options?

Thanks

yes, he needs to send the i102 to request a copy of the i94.

www.uscis.gov/forms he can find it there.

have they filed the i130 or will they file it concurrently with the i485 packet?

he only has to send a copy of the i94, not the original with the packet. never send originals. he has to take it to the interview.

[Jumping2011 0]

Will he get in any trouble for requesting a copy? His i-94 is more than 20 years old. Why does he need to file an i-130? I thought all he needed was the i-485.

yes, he needs to send the i102 to request a copy of the i94.

www.uscis.gov/forms he can find it there.

have they filed the i130 or will they file it concurrently with the i485 packet?

he only has to send a copy of the i94, not the original with the packet. never send originals. he has to take it to the interview.

[Harpa Timsah 13,258]

He needs an I-130 to show that he has a petition-able relationship. Bear in mid his AOS will be different than your AOS from K-1 visa, so don't just tell him to do what you did.

[_me 4]

I'm helping a friend of mine with a petition to adjust status. He has been here for more than 20 years and entered on a visit visa. He is now married and has a four year old child with his spouse who is a citizen. Now he wants to adjust his status. I believe he is supposed to file an I-485 since both he and his spouse are here. However he can't find his I-94 and it needs to be sent in with his petition. Is there a way of obtaining a copy or what are his options?

Thanks

Just a word of advice USCIS will not just issue you your i94 because you've requested for it. They will need additional proof that your friend entered legally. A lot of I-102's get denied because people just request with no evidence to support their application.

Does your friend have a copy of his ticket or boarding pass or anything to prove legal entry. Also he must know the date of entry and which POE it was. Maybe if he attended school here then the school might have his I-94 records (that would help).

If he doesn't have any of the documents to support entry then I-102 will get denied. Check out this USCIS link. Your I-102 app goes through stages of approval; http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13257.html

He might have to FOIA his records so he can get his I-94 # (I've been here for over 10 years and just requested my FOIA last month so I can apply for my I-102. It can take up to 3 months to get those records.)

This immigration system can be a bit complex. It will be good to post his timeline ie. when he entered, did he attend school - when?, when did he get married, any arrest etc...that way he can get better help. No he will not get in trouble for requesting a copy.

[_me 4]

Oh yeah if he has a copy of his passport with a stamp that's sufficient enough. you can send a copy of that with the application.

But first remember, post the time-line so you can get better help.... hopefully he has never claimed to be a citizen either 'cause that's

a very serious offense.

[Otto 83]

OP - your friend is going to want to follow THIS Guide. He is not filing to adjust status from a family-based visa but rather from some other visa (I'm presuming a visa of some sort was used).

**Since this is not a family-based AOS topic - will move this thread to Adjustment of Status from Work, Student, & Tourist Visas where it will be more appropriate.

[pr2011 0]

Just a word of advice USCIS will not just issue you your i94 because you've requested for it. They will need additional proof that your friend entered legally. A lot of I-102's get denied because people just request with no evidence to support their application.

Does your friend have a copy of his ticket or boarding pass or anything to prove legal entry. Also he must know the date of entry and which POE it was. Maybe if he attended school here then the school might have his I-94 records (that would help).

If he doesn't have any of the documents to support entry then I-102 will get denied. Check out this USCIS link. Your I-102 app goes through stages of approval; http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13257.html

He might have to FOIA his records so he can get his I-94 # (I've been here for over 10 years and just requested my FOIA last month so I can apply for my I-102. It can take up to 3 months to get those records.)

This immigration system can be a bit complex. It will be good to post his timeline ie. when he entered, did he attend school - when?, when did he get married, any arrest etc...that way he can get better help. No he will not get in trouble for requesting a copy.

Can you get your I94# through the social security office? I came here in 1994 as F1 student and lost my passport and I-94, including other records. I obtained my social security as soon as I got in. To get a social security number, you have to provide an I-94.

[NYCSNN 1]

My husband and I JUST went through this. He entered on VWP in 2003 and along the way the I-94 was lost/tossed/GONE. He still had the entry stamp in his passport. Whenever the number was asked on the forms, we filled in "I-94 LOST" instead of leaving it blank. We also submitted copies of the entry stamp within the packet. US Citizen spouse.

Anyway, we did NOT do a I-102 request for a replacement I-94. We had our AOS interview in NYC and were approved within 10 minutes, passport stamped. The IO was able to look up his I-94 based upon all of the other entry information (I assume name, DOB, date of entry, point of entry). Doesn't seem that the omission held up the process at all, as we were under 5 months from application to approval out of NYC.

So, no sweat in our case, but not sure if this is universal...

[Maxximus1074 14]

Can you get your I94# through the social security office? I came here in 1994 as F1 student and lost my passport and I-94, including other records. I obtained my social security as soon as I got in. To get a social security number, you have to provide an I-94.

No you can't get the I-94 through the social security office - it is a totally different federal agency, the have no authority over any immigration matters, not to mention issuing anything regarding your immigration status. Unless they made a copy at the time you applied for your restricted social security card and have it on file you will not be able to obtain it there.

As far as another poster's comment goes "no evidence = denied" - from my own experience, my passport including visa and I-94 was lost I filed I-102 as well, and if something is lost, how can you proof evidence? The form even says "lost/stolen" to be checked.

When I sought advice from an immigration attorney he told me that it shouldn't be a problem to be found in the system, if you only have a copy of your passport you used to enter the country, especially if you entered within the last 20 years as back then everything was already computerized and it's not like that immigration filed your entry documentation in a folder in a filing cabinet like it was in the 1970s and prior

I'd go ahead and file the I-102, mark the lost/stolen box and send it off, put in the estimate date (month and year) plus POE.

Good luck!!

Maxximus

[iknowhowtosing 0]

No you can't get the I-94 through the social security office - it is a totally different federal agency, the have no authority over any immigration matters, not to mention issuing anything regarding your immigration status. Unless they made a copy at the time you applied for your restricted social security card and have it on file you will not be able to obtain it there.

As far as another poster's comment goes "no evidence = denied" - from my own experience, my passport including visa and I-94 was lost I filed I-102 as well, and if something is lost, how can you proof evidence? The form even says "lost/stolen" to be checked.

When I sought advice from an immigration attorney he told me that it shouldn't be a problem to be found in the system, if you only have a copy of your passport you used to enter the country, especially if you entered within the last 20 years as back then everything was already computerized and it's not like that immigration filed your entry documentation in a folder in a filing cabinet like it was in the 1970s and prior

I'd go ahead and file the I-102, mark the lost/stolen box and send it off, put in the estimate date (month and year) plus POE.

Good luck!!

Maxximus

my soon to be wife is applying for an AOS for me. I'm Canadian and drove through the border 5 months ago, but was never given an I-94. I remember it was placed in my passport a few times a few years ago but my last 3-4 entries it wasn't.

Do I also have to go through the process above? (I was told Canadians don't really need it??)

Thanks!

[Maxximus1074 14]

my soon to be wife is applying for an AOS for me. I'm Canadian and drove through the border 5 months ago, but was never given an I-94. I remember it was placed in my passport a few times a few years ago but my last 3-4 entries it wasn't.

Do I also have to go through the process above? (I was told Canadians don't really need it??)

Thanks!

I have to admit I'm not up to date with the I-94 issue - all I remember from reading in some posts is that since last Summer supposedly there is no more I-94 issued to people who come here on a visa waiver program such as parts of Europe and Canada, too. Not sure how the AOS forms are effected by that and all...but thought I at least let you know from what I recall and my opinion now is that you don't really need to apply for I-102 since you don't have a I-94 number to replace to begin with

Good luck on your AOS journey

Maxximus

[Harpa Timsah 13,258]

my soon to be wife is applying for an AOS for me. I'm Canadian and drove through the border 5 months ago, but was never given an I-94. I remember it was placed in my passport a few times a few years ago but my last 3-4 entries it wasn't.

Do I also have to go through the process above? (I was told Canadians don't really need it??)

Thanks!

You can put "none - canadian visitor" or something like that for the I-94 question. You will have to show that you entered legally, however. Good luck.

[iknowhowtosing 0]

Thanks!!

Don't think many Canadians enter illegally; but I drove down so hopefully they'll have records because I didn't get any papers or anything at the border. The dude/offier at the border was really cool, but some other dude went through my car though, is that a record?