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PJ1925

Adjusting Status from a visitors visa?

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Hello, I just recently married my husband who is a USC. I came to the USA 7 years ago and would like to know if there would be any problem with it. I lost my i94 and my lawyers told me to send copies of my passport with the visa and the entry stamp on it. -->We did not have the money to get a replacement. Anyways, I just received a text stating that i WOULD get my work permit within 30 days. We applied in April 1st. How long would I have a GC in hand? Could there be any problems with this? I have heard of people with an overstayed their tourist visa that could not adjust their status? Much Thanks in Advance.

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You will need to get a copy of your I 94 to prove that you entered legally - with inspection. So send away for that now.

EAD's usually take 80 to 90 days.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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*** moving from Tourist Visa to AOS from Tourist visa and one off topic comment removed ****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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You can adjust, but as stated you will need the I-94 to prove your legal entry.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Hello, I just recently married my husband who is a USC. I came to the USA 7 years ago and would like to know if there would be any problem with it. I lost my i94 and my lawyers told me to send copies of my passport with the visa and the entry stamp on it. -->We did not have the money to get a replacement. Anyways, I just received a text stating that i WOULD get my work permit within 30 days. We applied in April 1st. How long would I have a GC in hand? Could there be any problems with this? I have heard of people with an overstayed their tourist visa that could not adjust their status? Much Thanks in Advance.

You should be fine. Others will tell you that I-94 is required to prove legal entry, but stamps in the passport are secondary evidence of legal entry and will generally suffice.

You will need to get a copy of your I 94 to prove that you entered legally - with inspection. So send away for that now.

EAD's usually take 80 to 90 days.

This isn't true. An entry stamp in the passport is secondary proof.

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I would strongly recommend you get a duplicate I 94.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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This isn't true. Entry stamps in the passport also work.

Or a stamp if you have one...that's correct. The point is to have something shown legal entry.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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I would strongly recommend you get a duplicate I 94.

It's not necessary if they have an entry stamp. As OP said, the adjustment application has already been submitted. It will be adjudicated long before a replacement I-94 is available.

Remember you adjusted from a K-1, where the I-485 specifically requests the I-94. The I-485 doesn't request that specific document for any other class of immigrant, including several classes for which an I-94 is not issued (VWP or Canadians). All that is required is that alien has been inspected and admitted to the U.S., which the entry stamp proves.

Or a stamp if you have one...that's correct. The point is to have something shown legal entry.

OP said she sent a copy of the visa and an entry stamp with the adjustment application. OP's EAD has been approved, and I think adjustment will be too. OP is okay.

Edited by grrrrreat

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OP said she sent a copy of the visa and an entry stamp with the adjustment application. OP's EAD has been approved, and I think adjustment will be too. OP is okay.

I agree, I clearly missed that part of the post.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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