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what to do if no i-94?

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  • what to do if no i-94?

    our status:

    *we applied concurrent i-130 & i-485 - recd 7/18/07
    *notices returned as undelivered - 08/17/07
    *RFE - dated 08/15/07 recd on 8/23/07 hand delivered from our landlord
    *change of address via uscis website on 8/24/07
    *notice of confirmation re: change of address - 09/04/07
    *waited 90 days
    *change of address via customer service - 10/24/07
    *recd notice of changes - 10/31/07

    ----------------------------------

    last notice recd recommended us to make infopass appt because our application was not approved and is still pending. the only reason i can think of that this is so is due to non-submission of form I-94, which we do not have because our island currently runs its own immigration system.

    at the time we recd RFE, the thought did cross my mind that perhaps we should have completed I-485 supplement A which carries with it a fee of $1000.00 (perhaps more by now, i did not check before posting). could this be the reason our case is still pending? Shouldn't my husband and I be receiving written notice that we must submit this document? is it necessary for us to schedule infopass for something that uscis should be notifying us about in writing? (the reason is that to travel to the nearest local office, we would have to apply for u.s. visa and pay for air travel and all related expenses that could cost us up to a thousand dollars per day trip)

    secondly, i have not recd ANYTHING on my application for I-130. all of these notices are regarding my husband's I-485. i am assuming that I-485 can only be processed if I-130 is approved. Am I correct? Should separate notices be sent out for each application?

    sorry so long...pls respond,

    geni

  • #2
    What island are you talking about?

    I-485 should be filed only for people INSIDE of the USA, for adjust their status of non-immigrant to immigrant. If you have not entered the USA legally, you can not adjust status (very fex exception apply). If you are no in the USA currently you can not adjust status (no exceptions). You must have submitted proof of legal entry (such as a passport stamp or i-94).

    Please share more about your case, so we can advice you. Who is filing what? based on what? what island?
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      no I-94

      We are filing from Saipan, MP. I have heard that people here have applied green card for their spouses inspite of the different immigration system. currently, our immigration system is under review and might be subject to federal takeover in the next few months. but what are we to do for now?

      my husband is considered an immediate relative in the CNMI because of his marriage to me and has been in saipan living and working for the last 4 years. we have traveled in asia and even been back to his country of pakistan last year with no problems because we applied for the appropriate asian country's visa but we have not yet had the need to travel to the U.S. mainland or Guam (the nearest port of entry to the U.S.). The nearest local office is in Guam. For us to travel there, we need U.S. visa and an airline ticket for both of us even to show up at infopass. this is expensive and i hesitate to do this at this time because i'm 6 months pregnant and I want to save that money which will be spent on visa/tickets for if we ever get called in for biometric/interview (this most likely will be two different occassions).

      any advice is helpful.

      geni

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