Initial interview for AOS concern

[othon22 0]

I hope someone might be able to provide some advice for my situation. I just received the initial interview appointment letter for my wife and stepson(8 years old) next month! We got married on April 10th, 2014 two months before their six month tourist visa stay expired. I consulted a lawyer to see what are options were and since I'm a U.S. citizen and she was here on a tourist visa, he suggested filing for AOS instead of the consular process. He was going to charge me close to 8k total. Since i don't have that kind of money, I did research on this forum and decided to do the paperwork myself. I filed for her and my stepson's AOS(I-130, I-485 and for her the I-785)in June 2014 two weeks after their six month stay expired. USCIS sent me confirmation that they received all my documents on June 27th. I never received any notices from them requesting any additional information on the case. My wife has entered the U.S. multiple times with her tourist visa and has received I-94's, but the last time she entered the U.S.(12/09/2013) we drove up from Mexico and at the border, the immigration officer just asked for all our paper work and let us through. We went to visit some of her family in southern California and then I proposed to her and she decided to stay and move to Washington state with me. Are we going to be in trouble at the interview for not being able to provide a I-94 from her last entry? Should I take a lawyer with me to the interview? Thanks for any advice.

[KayDeeCee 4,891]

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

[nobbie 105]

I don't know what happens and the US/ Mexico land border but coming by air I 94 are electronic now and retrieved from the internet, try googling I 94 retrieval and see if it gives you the option to get it.

[othon22 0]

thanks for The reply. When I sent in the AOS packet, I printed out here electronic entry log and it didn't include her last entry in December 2013.I believe it doesnt since we told the customs agent we were staying near the border.I have our boarding passes from when we flew from California to Washington. I don't know if that will be enough prove to show she was in the U.S. I've been informed that if you enter the U.S. through the border, the person can assume they are allowed a six month stay. I don't know if that's true though.

[uncrustables 7]

when is your interview?

[Christine22 2]

you can retrieve the electronic i 94 and print it out online. google it.

[othon22 0]

when is your interview?

Interview is set for September 16th

you can retrieve the electronic i 94 and print it out online. google it.

I retrieved the electronic I-94 and it doesn't have her last entry in December, it only has the previous ones.

[Anna Grant 169]

Was her passport stamped at the border? Was she given a paper I-94?

http://www.cbp.gov/travel/international-visitors/i-94-instructions

http://www.cbp.gov/sites/default/files/documents/i94_factsheet_2.pdf

[othon22 0]

Was her passport stamped at the border? Was she given a paper I-94?

http://www.cbp.gov/travel/international-visitors/i-94-instructions

http://www.cbp.gov/sites/default/files/documents/i94_factsheet_2.pdf

It was not stamped and she was not given a paper I-94. The officer only reviewed the documents and waived us through.

[hmh33 117]

I think you are right to anticipate that this could be a problem. From what you've described, she does sound eligible for adjustment of status, but the lack of documentation of her most recent entry may cause complications and confusion at USCIS. I would suggest consulting a qualified immigration attorney.

[lesthatsri 9]

Hi

I dont think you need an attorney for this matter. You should contact the CBP (http://www.cbp.gov/contact), at the closest deferred inspection site (usually you will call them) from where you live and explain her situation.

According to their I94 fact sheet, she should have received a paper I-94 http://www.cbp.gov/sites/default/files/documents/i94_factsheet_2.pdf

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Edited August 27, 2014 by lesthatsri

[othon22 0]

I think you are right to anticipate that this could be a problem. From what you've described, she does sound eligible for adjustment of status, but the lack of documentation of her most recent entry may cause complications and confusion at USCIS. I would suggest consulting a qualified immigration attorney.

Thanks for the reply, When I consulted a lawyer before we got married, he did mention she was eligible for the AOS. I might call him back to do an hour consulation to see if he can provide some guidance around this matter. It's a few hundred dollars for the consultation, that's why I was trying to find a less expensive route

[othon22 0]

Hi

I dont think you need an attorney for this matter. You should contact the CBP (http://www.cbp.gov/contact), at the closest deferred inspection site (usually you will call them) from where you live and explain her situation.

According to their I94 fact sheet, she should have received a paper I-94 http://www.cbp.gov/sites/default/files/documents/i94_factsheet_2.pdf

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thanks for the info. I hadn't thought about that. I will see what options they can provide. She never got one because it was never her intent to travel past San Diego. She has been here to the U.S. before and received a paper I-94 since she declared she was traveling to Washington state.

[AniROC 1]

mexicans can only stay 30 days on border cites without i-94.

• BCC holders who are authorized to enter to the United States can remain up to 30 days and travel no more than 25 miles beyond the border. Those that wish to travel farther and/or remain longer must request a permit I-94 form (arrival/departure record) in the port of entry at a minimal charge. During the process of applying for the I-94 form, the custom and border protection officer can request updated versions of the same documentation that you presented to the American consular officer in the interview for the visa. They will determine the amount of time you will be permitted to remain in the U.S.

http://ciudadjuarez.usconsulate.gov/tourist_business.html

if her last i-94 was not expired when she crossed the border, she could use it , because is for multiple entries in 6 months for travel more than 25 miles. people do it all the time.

Edited September 5, 2014 by anitaAOS