We finally got started!! I'm still concerned...

[lrweeks1120]

After a year of marriage and trying to come up with the money, get all the paperwork together, medical exams etc. we finally got our packet off to USCIS a few weeks ago! What a relief, I thought we would never do it. I'm excited can you tell?

There's one thing that still worries me though... I thought we had everything we needed; all the documents, photos, medical papers... and then the lawyer asked for the i94. It turns out that my wife does not have that document but she did have her Border Crosser Card which showed legal entry into the U.S. I called USCIS on 3 different occasions and asked 3 different people the same question and got the same answer:

Q: If we send in the AOS packet will it be rejected we do not have a copy of the i94?

A: With the Border Crosser Card Visa you do not need the i94. Your application will not be rejected.

I want to think that the answers were reputable but I was wondering if it's common for the USCIS to give false information? I know there is a way to get a copy of the 1-94 but it can take 6 months to get it and because of what the USCIS told me we went ahead and sent in the application without it. Any feedback on this would be appreciated. Thanks!

[kitkat1]

Don't be concerned about it being rejected - if anything they would simply request a copy via RFE. If that happens, you can respond with a letter and quote the law (maybe consult with an attorney first).

Keep in mind that AOS is not a fast process and you may have a long wait ahead of you.

[Jake01]

If they request the I-94, I think there is a way you can get a copy of it. you will need to do a bit of searching.

[Pinkpig]

If they request the I-94, I think there is a way you can get a copy of it. you will need to do a bit of searching.

http://www.usimmigrationsupport.org/form_i102.html

Form I-102 Summary


Purpose For a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.
Size 2 Pages + Instructions
Edition Date 10/26/05
Where to File If you are filing to replace a Form I-95, file this application at the local office having jurisdiction over where you are temporarily located.


If you were not issued a Form I-94 at admission to the U.S., or are filing this application with an application for extension of stay or change of status, file this application where you are filing the accompanying extension of stay or change of status application.


To request to correct an inaccurate Form I-94, I-95 or I-20ID, submit your application at the local office having jurisdiction over where you are temporarily located. Contact that office for further instructions.


In all other instances, file this application with the Service Center having jurisdiction over the state where you are temporarily located.


Filing Fee $320, although you do not need to pay a fee to request to correct your Form I-94, I-95 or I-20ID if the error(s) on your document was made by BCIS, through no fault of your own.

[Klame1983]

One of my family members had the same problem. They had their attorney go to USCIS with an infopass appt and begged the officer to provide with a copy of it. It worked! Maybe it's just luck, but it's worth a try! I've heard of this working a few times. Good Luck! :)

[lrweeks1120]

Thanks for all the input, I guess I will just have to see what happens. This process can be anxiety inducing! For being a government agency the rules seem really gray. I hope to learn more and be of assistance to others. Thanks again everybody!