SAMyTAM

Hi Guys,

My wife will be a US Citizen next year and her mother comes to visit on a 6-month tourist visa every year. As she gets older, we would like the option of her being able to come and stay in the US as a permanent resident while also being able to return to Argentina.

Does a parent of a US citizen need to reside inside the US to become a permanent resident? Is there any form other than the I-130 that gives her more permanent status than the tourist visa while not needing to reside in the US?

I have received confirmation from the USCIS that an I-94 IS NOT NECESSARY TO GET YOUR AOS. See their email below:

Dear Mr. XXX:

On behalf of U.S. Citizenship and Immigration Services (USCIS), thank you for your email, dated December X, 2012, regarding the status of your Form I-129F, Petition for Alien Fiancé(e). This email has been assigned case #EMXXXX-XXXX.

We understand the concern that caused you to write. In your email you mentioned what specific evidence must you submit in lieu of the I-94 to prove legal entry into the United States. A copy of the passport, K-1 visa, and the admission K-1 visa stamp is proof that your fiancé(e) was admitted to the United States. The other documents you list are supporting documents that can be submitted with your Form I-485, Application to Register for Permanent Resident or Adjust Status.

Please utilize the Change of Address tool at www.uscis.gov/ar-11, if you move or have plans to move.

We trust that this information is helpful.

Sincerely,

National Customer Service Center

kacb

In our case, we applied my SSN after we got married and my 1-94 has an ample time for expiration ( 47 days before expiration) but the officer refused to accepts our application as we already married and K1-visa is no longer applicable in our case. If we applied before we got hitched then he will accept and process our application and change to my married name thereafter once we got married and bring the marriage certificate as a proof for name change. He told us to wait for my EAD or Green Card (3 mons of waiting is sucks!)everything seems hold for awhile without SSN. I would say,it all depends on the officers others they dont have problem getting SSN.

To be safe, apply SSN before you got married ( 14 days) after arrival..and apply for name change thereafter once you got hitched and bring MC as a proof of name change.

SSN without I94 (K1 Visa)

After a visit to the local Social Security office here in Minneapolis, the officer and supervisor reassured me that she is able to have an SSN without her I-94, as long as we bring a certified marriage certificate. Without being married (and on a K1 visa) she needs the I94 for the system to accept her. *THEY SAID IT DOES NOT MATTER WHETHER HER NAME IS DIFFERENT ON THE MARRIAGE CERTIFICATE, THEY ARE ABLE TO PROCESS IT*

SSN without I94 (K1 Visa)

After a visit to the local Social Security office here in Minneapolis, the officer and supervisor reassured me that she is able to have an SSN without her I-94, as long as we bring a certified marriage certificate. Without being married (and on a K1 visa) she needs the I94 for the system to accept her. *THEY SAID IT DOES NOT MATTER WHETHER HER NAME IS DIFFERENT ON THE MARRIAGE CERTIFICATE, THEY ARE ABLE TO PROCESS IT*

SSN without I94 (K1 Visa)

After a visit to the local Social Security office here in Minneapolis, the officer and supervisor reassured me that she is able to have an SSN without her I-94, as long as we bring a certified marriage certificate. Without being married (and on a K1 visa) she needs the I94 for the system to accept her. *THEY SAID IT DOES NOT MATTER WHETHER HER NAME IS DIFFERENT ON THE MARRIAGE CERTIFICATE, THEY ARE ABLE TO PROCESS IT*

CLARIFICATION OF FILING AOS WITHOUT I-94

I wanted to provide my process and the continuation of what member EasternDE wrote in a former thread:

Posted 15 September 2010 - 05:11 PM BY EasternDE

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I wanted to update my thread. I'm sure some other people will have to deal with I-94 issue.

So I did what the USCIS officer (Infopass) advised me, I filed for AoS without I-94.

What I did, instead of the I-94 copy you're supposed to include, I joined a timeline of my arrival and description of all the issues I had to get my I-94. At the end of that document, I also sworn that I entered legally that day and never left the US terroritories since that. I also added a copy of my visa with the stamp and my boarding pass.

And I got the nice I-485 Card production mail today.

My case was transfered to CSC, we didn't have any interview, no RFE, and were approved in 2 months delay.

But trust me, I made sure all the other documents and forms were perfectly filled.

To avoid this terrible headache, I would recommend strongly: MAKE SURE your I-94 is stapled into your passport!

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My fiancé too accidentally lost her I-94 and boarding passes after her arrival three weeks ago. I have sent an official letter to the USCIS below and will document their response. In the meantime, we tried to go to the airport to the Customs and Border Protection, who stated that as long as she had submitted her I-94 at the point of entry and it was in the system, a replacement could only be handled by the USCIS.

I contacted the USCIS customer service line and was told by the first officer that the I94 was needed for the Adjustment of Status application (no exceptions). I was transferred to a supervisor, and laid out my argument that technically all that should be needed is “proof of legal entrance” (see official note below for my argument). The USCIS supervisor stated that “logically [your argument] is sound” but their regulations specifically ask for the I-94, with no deviation on other alternatives. He seemed confident that option 2 below would work.

We now have two options:

1) File form I-102 for a new I-94, pay $300+ and wait approximately 2.5 months for it to arrive, then file the AOS.

a. PROS: Certain to work, no possibility of rejection

b. CONS: 2.5 months extra wasted (she cannot work), $300+ fee for the I-102

2) File the AOS papers (I-864, I-485, etc) with all documentation that she entered the US legally

a. PROS: possibly do not have to wait the 2.5 months for a new I-94 and possibly do not have to pay the $300+

b. CONS: Upon arrival of our AOS, the USCIS could possibly issue a Request for Evidence (RFE) for our I-94, at which point we would need to send in the I-102 and wait 2.5 months (which we would have wasted anyway with option 1). The supervisor noted that it is important that I reply to the RFE with a copy of application I-102 so that they may extend my AOS RFE deadline. He said that as long as I do that, and reply to the RFE again once our I-94 is received I should not have to repay the $1000 filing fee for the AOS.

I personally, am going with Option #2. I will provide updates as they come.

Email I sent to USCIS today (reply will be posted when I receive it):

Good Morning,

I am writing because we have encountered a problem and I am looking for a specific answer that Agent E____ was unable to answer.

My Fiance entered the US at Houston International Airport three weeks ago on an approved K1 visa and lost her I-94 card shortly after going through Customs and Border Protection. I am aware that standard procedure is to file an I-102 to request a replacement I-94 which can take 2.5 months and costs $330. We have already visited the CBP who referred us to the USCIS to resolve this issue.

I understand that the Adjustment of Status (AOS) documents (I-864, I-485, etc) require "proof of legal entrance into the United States". I have been made aware that this does not necessarily indicate specific necessity of an I-94, and can legally be submitted with alternative proper evidence of arrival. My question is: What specific evidence must we submit in lieu of an I-94 to prove legal entrance so that our Adjustment of Status will be correctly processed? We were considering providing the following documents:

Copy of passport with accepted K1 visa and entrance stamp (the exact same entrance stamp that is on her lost I-94)

Copy of airline itinerary

Sworn legal declaration that she entered legally through Houston International and has not left the US since her arrival

Can you please confirm that this is acceptable and any other documents you recommend we may need to provide in lieu of an I-94?

Thank you,

On a separate note, after a visit to the local Social Security office here in Minneapolis, the officer and supervisor reassured me that she is able to have an SSN without her I-94, as long as we bring a certified marriage certificate. Without being married (and on a K1 visa) she needs the I94 for the system to accept her. *THEY SAID IT DOES NOT MATTER WHETHER HER NAME IS DIFFERENT ON THE MARRIAGE CERTIFICATE, THEY ARE ABLE TO PROCESS IT*

Hello,

I've searched the forum and couldn't find anything on this specific problem.

I am in the process of sending our K-1 papers to the consulate for approval (necessary to make an appointment). Since I only worked part time in Argentina last year my tax returns for 2011 (which I've JUST filed)are below the 125% poverty guidelines. I am making well over the 125% since July this year, and have pay stubs, letter from employer, and bank records to prove it.

1) My 2011 income was basically nothing

2) My current income at my job pays well above the minimum (which I can prove)

3) I was hired 3 months ago and am in good standing, full time

My question is: do they determine support based on previous year tax returns, or current income?

I don't want to expose my father's assets (by asking him to be a joint sponsor) if it is not necessary.

Thanks!