I-484 or I-102

[Germanlady 0]

I arrived in the USA in June, 2011 with an ESTA and my husband (American) and I got married in the same month. After 90 days, we applied for I-130 together with G-325a. The petition for Alien spouse was approved on Febuary 7, 2012.

We also completed the I-693, but didn't filed it yet. We nearly completed the I-484, but in this form they are asking the number of my I-94. I didn't got one, a Lawyer told me that they need this number. So I downloaded the I-102 Application for Replacement/Inital Nonimmigrant Arrival - Departparture Document. In this form the Department of Homeland Security is asking my current Nonimmigrant status? I really don't know what to tell them.

My husband is complety overwhelmed with all this applications, so I tried to get some help to understand and to fill out all these forms. I hope that you can help us in this matter.

sincerly

Germanlady

[annerobin12 9]

Not sure if this helps but you can get your I-94 number online, as far as I know they don't put the paper thing in your passport anymore, it's all done electronically.

[Hypnos 6,579]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

You should not file an I-102; you do not need to have an I-94 to be able to file for AoS, you need only prove legal entry, which you can do by including a copy of your CBP admittance stamp in your passport.

Edited January 14, 2014 by Hypnos

[Germanlady 0]

Annerobin, do you mean this form:

Admission (I-94) Number Retrieval Get I-94 Number

The following information is required to retrieve your Admission (I-94) number. Enter the information as it appears on the travel document you used to enter the United States.

*See our Privacy Policy regarding our request for your personal information.

Last/Surname:

First (Given) Name:

Birth Date:

YYYY Month DD

Passport Number:

Country of Issuance:

Most Recent Date of Entry:

YYYY Month DD

Class of Admission:

Submit Button Please select this button to to retrieve I-94 number.

????? I tried that, but because I never got issued a I-94 number, I can't retireve it. That is due the fact, that I traveled with ESTA = Electronic System for Travel Authorization.

[Hypnos 6,579]

Try entering the information into the I-94 site and using "WT" ("waiver tourist") as the class of admission and see if anything comes up.

[Germanlady 0]

Hallo Hypnos,

can you tell me please what CBP means? Concerning the Admission (I-94) Number Retrieval. This form was not able to find my name whatsoever. Exectly where shall I enter "WT"? I don't see a field where I can fill that in.

[Hypnos 6,579]

CBP = Customs and Border Protection, i.e. immigration controls at the airport when you enter the US.

With regards to your I-94, go here: https://i94.cbp.dhs.gov/I94/request.html

"Class of Admission" should be WT.

[KayDeeCee 4,902]

Not sure if your data will still come up. Info on I-94 for ESTA > http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/faq_vwp.xml

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Germanlady 0]

ESTA and the I-94W

Q: If a VWP traveler has received ESTA approval, does he or she also need to fill out an I-94W? A: The implementation of the ESTA program allows DHS to eliminate the requirement that VWP travelers complete an I-94W prior to being admitted to the United States. CBP has transitioned to paperless processing for VWP travelers arriving by air or sea who have obtained an ESTA authorization. Most travelers entering the United States under the Visa Waiver Program who have an approved ESTA will no longer need to fill out the I-94W form, nor will a green I-94W departure card be placed in their passport. The I-94W form will still be required at the land border.

[Germanlady 0]

Hello Hypnos,

If I go to these Admission (I-94) Number Retrieval form and fill in my Surname, as it shows in my Passport and the given name, my First name, my birth date, mu Passport Number, Country of Issuance, Most Recent Date of Entry, (when I entered the USA) and the Class of Admission. The system said: NOT FOUND. So I downloaded an I-94 Instruction, maybe that will help me.

[Hypnos 6,579]

Sometimes VWP will show up on the I-94 site, but not always.

Since yours doesn't, you should just enclose a copy of your entry stamp with your AoS packet and forget about an I-94 which you will not be able to obtain.

[aussie_jason 195]

Let me get your timeline straight...

1. You arrived in June 2011 on the VWP and got married in that same month? Did you enter the US with the intention to do that? If so then you have broken the law

2. After 90 days meaning you had already overstayed your VWP your spouse filed the I-130

3. The I-130 was approved on February 7th 2012

Now that it is 2014 nearly 2 years later you are only just looking at filing your I-485 after overstaying your VWP for over 2 years? I know the USCIS will forgive overstaying a visa for a green card but wow no wonder it is so difficult for the rest of us that play by the rules.

In answer to your original question where I assume you are meaning I-485 and not I-484, it isn't a choice between the I-485 and I-102, the I-102 is just if you have misplaced the paper I-94 that they used to staple to your passport but apparently no longer do, the I-485 is to apply for Adjustment Of Status to permanent resident. You didn't lose the I-94 so you don't need to request a replacement.

When was your I-693 completed and sealed by a civiil surgeon? They are only valid for a year so you may need to get another.

[Germanlady 0]

No I didn't intend to get married and I can prove it. You can believe it or not, that is up to you. I,m tired to get blamed to fall in love with my husband. What is wrong with that? If you love somebody, you want to stay with him/her. I didn't made all these rule.

I tried to get help earlier, but I was not able to. All these Applications costs a lot of money. In our backyard don't grow money on trees.

Yes I mean the Petition for Alien Spouse I-485 and yes the I-693 is still sealed by a civil surgeon. So it is only valid for a year, good to know.

[belinda63 3,053]

Most likely your I-130 is expiered also if it was approved Feb. 2012. They are usually only good for one year. Was it sent overseas for an interview or did he just not complete the processing on it by paying the fees for the affidavit of support? I would check to make sure it is still valid.

[aussie_jason 195]

Most likely your I-130 is expiered also if it was approved Feb. 2012. They are usually only good for one year. Was it sent overseas for an interview or did he just not complete the processing on it by paying the fees for the affidavit of support? I would check to make sure it is still valid.

If the I-130 was approved then it shouldn't expire.