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Filing I-485. Lost I-94, but passports found

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  • Filing I-485. Lost I-94, but passports found

    How can I safely replace lost I-94 from 2001? Is it absolutely needed? My wife entered USA in 1996 0n B1/B2 Visa. Obtained R1 visa in 2001. She is now overstay. We were legally married this month. I am naturalized since 2007. We are preparing I-485 and I-130 and I-693 and I-765. I assume she does not have an A# since she entered as non-immigrant. We found both passports with visa attached. (New passport #3 is current).

  • #2
    To replace a lost, stolen, or mutilated USCIS Form I-94 (Arrival-Departure Record), you must file USCIS Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival - Departure Document). If the USCIS Form I-94 is mutilated, attach the original form. If the USCIS Form I-94 was lost or stolen, submit a copy of the original USCIS Form I-94. If you do not have a copy of your original USCIS Form I-94, submit a copy of the biographic/photo page from your passport and a copy of the passport page that was stamped by immigration inspectors when you entered the country. If you cannot submit any evidence of your legal admission to the United States, submit a full explanation and proof of your identity.

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    • #3
      Lost I-94

      Thanks. My lawyer suggested not to file the I-102 at this time, as the status is overstay. I will proceed without the I-94,

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      • #4
        As you like.
        But the overstay is a different thing and legally entering in the country is a different thing.
        I am not expert but take other opinions.

        if you are marrying to a US Citizen over stay can be forgettable. If you entered the US illegally is a problem.

        Best of luck.

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        • #5
          How did your case go?

          Originally posted by Kevinj View Post
          Thanks. My lawyer suggested not to file the I-102 at this time, as the status is overstay. I will proceed without the I-94,
          Hi there ...

          Did you go ahead and file for your greencard without your I-94? I have a cousin who is in the same situation and would love to hear from you. Please let me know.

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          • #6
            weird situation. need suggestion

            Originally posted by sfofiler_april2016 View Post
            Hi there ...

            Did you go ahead and file for your greencard without your I-94? I have a cousin who is in the same situation and would love to hear from you. Please let me know.
            hi,
            i recently filed for spouse based i485 change of status. I hold canadian permanent resident card(NOT CANADIAN CITIZEN). i entered USA thru buffalo port by car. I had an interview with custom officer, he swiped my passport in his machine, took my picture and stamped entry on a white form/page which another officer collected from me while exiting the custom building. Custom officers were taking visa interview on some upper floor and were stamping on white paper which another officer was collecting at ground floor as a confirmation that we have been granted entry. I gave that white stamped paper to that officer on ground floor. I do not have any i-94 on my passport or online.Everything was a normal procedure to me, so i mentioned the same thing on adjustment of status application and i got my EAD, social security, travel document but my interview is still pending. I was just reading random post and checked that during interview USCIS officer collect i94 which i do not have. does it effect my application/interview in any way. Should i just simply wait for my interview as everything is going smooth so far and i mentioned the same real story on my immigration application. OR do i need to take any step now??? what do you recommend???

            Thanks

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            • #7
              Originally posted by canadianPR View Post
              hi,
              i entered USA thru buffalo port by car. I had an interview with custom officer, he swiped my passport in his machine, took my picture and stamped entry on a white form/page which another officer collected from me while exiting the custom building. C
              Thanks
              When did you enter through Buffalo POE?
              Since April 2013 the I-94s changed from a paper based docuemnt to an electronic document. You can retrieve past electronic I-94 here: https://i94.cbp.dhs.gov

              A tip: If in your passport you have more than one name or surname, try different combinations of those until you find the right I-94.
              I myselfhave had I-94 under my first name and two last names, my first two names and first last name and even under my first name and second last name... CBP officers might not be acquainted with naming customs from other cultures.

              If you can't find it there, you can go to a CBP office and ask for a copy.

              Best of lucks!

              Comment

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