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I-485: I-94 Requirement for F-1 Student?

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  • I-485: I-94 Requirement for F-1 Student?

    Hello! My name is Chris. I married an F-1 student. We are completing the I-485 paperwork and we have a question. We humbly request your knowledge and help!

    - - - BACKGROUND:

    My wife entered the country in December 2014. She was not given a paper I-94. She has an admission stamp in her passport from the Dept. of Homeland Security / U.S. Customs & Border Protection to show her entry date and expiration (Duration of Status).

    - - - PROBLEM:

    There is a government I-94 Website which allows you to retrieve an I-94 electronically, but it does not return an I-94 for my wife. I know that the information entered into the Website is accurate because the Website correctly shows her last entry date into the United States (in "View Travel History"), but it cannot find an I-94 to accompany that entry.

    - - - THE REAL QUESTION:

    Is an I-94 strictly required for this I-485? Will this be a problem for us?

    Thank you kindly in advance for your assistance!

  • #2
    Originally posted by Sakurai View Post
    Hello! My name is Chris. I married an F-1 student. We are completing the I-485 paperwork and we have a question. We humbly request your knowledge and help!

    - - - BACKGROUND:

    My wife entered the country in December 2014. She was not given a paper I-94. She has an admission stamp in her passport from the Dept. of Homeland Security / U.S. Customs & Border Protection to show her entry date and expiration (Duration of Status).

    - - - PROBLEM:

    There is a government I-94 Website which allows you to retrieve an I-94 electronically, but it does not return an I-94 for my wife. I know that the information entered into the Website is accurate because the Website correctly shows her last entry date into the United States (in "View Travel History"), but it cannot find an I-94 to accompany that entry.

    - - - THE REAL QUESTION:

    Is an I-94 strictly required for this I-485? Will this be a problem for us?

    Thank you kindly in advance for your assistance!
    i-94 is proof that she was inspected/admitted/paroles into the US which is a requirement to be able to adjust status. Since you have no paper i-94 you should make a photocopy of her passport ( the stamped page), a copy of the electronic record of entry and add a note explaining the lack of i-94.

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    • #3
      She should have an I-94. Contact a CBP deferred inspection office for assistance in locating it. Although technically an entry stamp without an I-94 will also work, it will cause more hassle and they may give you RFEs asking for an I-94.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by Sakurai View Post
        Hello! My name is Chris. I married an F-1 student. We are completing the I-485 paperwork and we have a question. We humbly request your knowledge and help!

        - - - BACKGROUND:

        My wife entered the country in December 2014. She was not given a paper I-94. She has an admission stamp in her passport from the Dept. of Homeland Security / U.S. Customs & Border Protection to show her entry date and expiration (Duration of Status).

        - - - PROBLEM:

        There is a government I-94 Website which allows you to retrieve an I-94 electronically, but it does not return an I-94 for my wife. I know that the information entered into the Website is accurate because the Website correctly shows her last entry date into the United States (in "View Travel History"), but it cannot find an I-94 to accompany that entry.

        - - - THE REAL QUESTION:

        Is an I-94 strictly required for this I-485? Will this be a problem for us?

        Thank you kindly in advance for your assistance!
        I was like that too. I couldn't get my I-94 online so I went to a CBP Deferred Inspection office and asked for a copy of my I-94.

        Comment


        • #5
          I was able to get my i-94 and travel record by submitting a FOIA at CBP site.

          Originally posted by kayleigh View Post
          I was like that too. I couldn't get my I-94 online so I went to a CBP Deferred Inspection office and asked for a copy of my I-94.

          Comment


          • #6
            Originally posted by steadygaze View Post
            I was able to get my i-94 and travel record by submitting a FOIA at CBP site.
            I got mine on the DHS website. I just filled in the blanks on the I-94 page and printed the page out. Never had a problem with USCIS / DMV / any government agencies in NJ.

            Edit: Sorry I didn't fully read your post :S I did not have a problem with I-94. But there was once that my friend entered the US with the wrong visa (she had both B-1 and F-1, both valid) and needed her I-94 asap, so she went to the airport and got that changed.
            Last edited by supernovazhu; 08-08-2017, 02:32 AM.

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