I-94 Online Check Issue

[mik2012 17]

Today I went online to check for information so I could fill out the I-485 for my wife and one of the daughters. Two of the daughters come up in the I-94 online system the other 2 and mom do not. Is there something I need to do prior to filing the I-485 and other documents.

[Hypnos 6,576]

You will need to obtain the I-94s before you can file for AoS (you will be RFE'd otherwise).

You may need to visit your nearest CBP Deferred Inspection office to get the missing I-94s sorted out. You can find a list of them here: http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.xls

[mik2012 17]

Will it matter that they arrived in April prior to them going automated and they just haven't inputted them in the system yet. New York went online in May.

It is odd that two of them are in the system and the other three are not.

Will it matter that they are 5 months overstayed with a K1 K2 visa (We got married within the 90 day period of there arrival)

They do have the paper I-94, or do we need them to be on the automated system.

Edited November 24, 2013 by mik2012

[Hypnos 6,576]

If you have the paper I-94s then you don't need to have them on the automated system, simply enclose a copy of the I-94s you have (do not send the originals).

The overstay is not penalised at adjudication; provided you married within 90 days of PoE then the alien spouse and children can adjust without issue. You may encounter issues travelling on AP if it has been at least 180 days between the I-94s expiring and the "received" date you will see on the I-485 NOA.

Edited November 24, 2013 by Hypnos