I-94 wasn't stapled on my passport

[Spoom 8]

Alternatively you could setup an InfoPass at your local USCIS office and ask them to check in their databases if you were logged as arriving as a K-1. Take your passport and all visa / petition information for their reference. If they can find that K-1 entry record, and you can convince them to their satisfaction that you never received an I-94, they may give you a replacement.

If they can't find a record of your entry as a K-1, more than likely USCBP entered you as a standard B1/B2 tourist visa or a visa waiver entrant, which means you'll need to deal with them... but at least you'll have a record that they screwed up. (Get a letter from the IO before you leave USCIS if this is the case.)

I would not leave this too long. Any I-94 replacement you get will still only be valid for as long as the original, 90 days from your entry as a K-1.

PS: If it comes down to it, it's better to marry within the 90 days and wait to adjust status than to wait for the I-94 replacement to marry.

Edited April 8, 2010 by Spoom

[EasternDE 35]

Ok, a little update...

As we've had no news or any kind of update from the officer we've talked to (aka the nasty women), we finally went straight to the airport.

So they still couldn't track my file, so it's obvious now that my i-94 was never issued, but hmm they have a problem to say it clearly.

I was just given a random USCIS information form "As you're an immigrant, this issue will be handled by USCIS, here is where you can contact them. Goodbye."

I'll try to contact that officer again tomorrow (the office is opened only from 9 to 12am), if I can't reach her, I'll schedule an infopass.

It is some kind of a relief that it's never been issued at all, rather than it's been lost, even if I have to file for I-102, we won't have to pay for it.

Luckily I don't have to rush for AOS. It's just a matter of delay for me, but still very annoying.

[Nik+Heather 121]

Ok, a little update...

As we've had no news or any kind of update from the officer we've talked to (aka the nasty women), we finally went straight to the airport.

So they still couldn't track my file, so it's obvious now that my i-94 was never issued, but hmm they have a problem to say it clearly.

I was just given a random USCIS information form "As you're an immigrant, this issue will be handled by USCIS, here is where you can contact them. Goodbye."

I'll try to contact that officer again tomorrow (the office is opened only from 9 to 12am), if I can't reach her, I'll schedule an infopass.

It is some kind of a relief that it's never been issued at all, rather than it's been lost, even if I have to file for I-102, we won't have to pay for it.

Luckily I don't have to rush for AOS. It's just a matter of delay for me, but still very annoying.

Do you have a stamp in your passport on the visa? Because if you aren't in the system at all, it sounds like there may be no way for you to prove that you entered with the appropriate inspection. That could spell big trouble down the line (It's one of the few exceptions to approval of AOS for spouses of US citizens)

It's time to go up the chain. Get to supervisor after supervisor until someone can help you. Tracking entries is CBP's job, not USCIS, they need to fix it.

[EasternDE 35]

I have a stamp in my passport and my boarding pass...

[EasternDE 35]

Ok so...

Last week we did fight some more with the airport CBP, we went there, called a dozen of times, nothing helped "This is USCIS issue now".

So we scheduled an infopass and today we went to our local USCIS office.

The officer there told us to directly apply for AOS, as i-102 processing time delay is 3 months...

She said the stamp in the passport is enough for a proof.

She was nice though, she told us to make fill the package and go back to her so she can review it before we send it, to make sure.

In the same time, it's a very small local office and we already know she is going to be the one who will interview us so it gives us a little confidence.

Though we won't have much proofs as I can't apply for SSN, we can't open a joint bank account or anything...

I am still VERY mad at myself though but at this point, there's nothing much else we could do than filling for AOS.

Bleh.

[Nik+Heather 121]

Ok so...

Last week we did fight some more with the airport CBP, we went there, called a dozen of times, nothing helped "This is USCIS issue now".

So we scheduled an infopass and today we went to our local USCIS office.

The officer there told us to directly apply for AOS, as i-102 processing time delay is 3 months...

She said the stamp in the passport is enough for a proof.

She was nice though, she told us to make fill the package and go back to her so she can review it before we send it, to make sure.

In the same time, it's a very small local office and we already know she is going to be the one who will interview us so it gives us a little confidence.

Though we won't have much proofs as I can't apply for SSN, we can't open a joint bank account or anything...

I am still VERY mad at myself though but at this point, there's nothing much else we could do than filling for AOS.

Bleh.

Hope everything works out. It really sounds like a huge headache!

Anyway, there are other things to get for proofs and you don't need an SSN to get them. The credit card company let me add Nik as an authorized user on my credit card without an SSN. I was able to get a family plan on the cell phone for both of us without an SSN. I could add him to the health insurance without it, and also to the car insurance.

Good luck!

[EasternDE 35]

It is a huge headache...

And the fact that I should have been able to avoid it makes it so worse...

My main concern is health insurance actually, I am happy to hear you could add your spouse without the SSN, I hope this will work for us too.

It is a huge headache...

And the fact that I should have been able to avoid it makes it so worse...

My main concern is health insurance actually, I am happy to hear you could add your spouse without the SSN, I hope this will work for us too.

[EasternDE 35]

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!

[TBoneTX 43,040]

Good work indeed -- and congratulations, si man!

[Nik+Heather 121]

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

....

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

Hey, thanks for updating! Not everyone does that, so it's good to have a working solution on the boards.

So many things to do/check and POE, and the beneficiary's mind is ALL on their sweetie just outside the doors!!

[EasternDE 35]

I actually have found a document online, it was a report from a conference between immigration lawyers and USCIS that was stating that I-94 can be replaced with proofs of legal entry and a written timeline.

Unfortunatly I didn't bookmark it.

Oddly, my I-485 was approved before my EAD! In two months, which is a very short delay.

I am wondering if my case didn't go straight to a supervisor.

Can't wait to have a card in hands though!

Thank you for your support!

[Reddstars 5]

Good info on here...my wifes I-94 was never stapled into her passport as well. It was just tucked into the passport plastic cover...we are hoping this is her I-94 lol

[JimVaPhuong 4,863]

Good info on here...my wifes I-94 was never stapled into her passport as well. It was just tucked into the passport plastic cover...we are hoping this is her I-94 lol

It will say "CBP Form I-94" in the lower right corner on the front side. If it doesn't, then it's not an I-94.