Tweet
Dear Immihelp,
My husband and I are currently finishing up my adjustment of status package to file concurrently, which includes the I-130 and I-485. Many of these documents ask for I-94 information.
I entered the United States from Canada via land crossing in June of 2019 to visit family. I had met my husband on a previous trip and stayed longer than expected as our romance evolved. We decided to get married in October of 2019. After getting married, we started preparing these forms.
When I crossed from Canada, Customs & Border Patrol did not stamp my passport. They did not issue me a paper I-94. There is no electronic I-94 for this entry. There IS a record of the entry on CBP's website. What I had done was, I printed out the travel records CBP had for my passport and wrote a letter of explanation about the circumstances of my entry, what questions CBP asked, indicated that I am a possible overstay but don't know my visa terms, and signed & dated it under penalty of perjury. But, as I was re-reading the instructions for the I-485 as we get to the final stretch of preparing these forms, I found this portion:
The instructions for the I-485 state:
There is no electronic I-94 available to me, though there are travel records on the CBP site. The central point of this post is, do I need to file an I-102 and try to get an I-94 (an initial - there is nothing to replace) before I submit my I-485 package?
They also state
This is the portion of the instructions that I had originally followed - I made a letter that described the circumstances of my admission and signed it under penalty of perjury.
Do I need to file a Form I-102 and get a new I-94 before I file the concurrent I-485 package? Can I get new a I-94 if I was never issued one in the first place? Can I file the I-102 with the I-485 package? Do I need to file an I-94 at ALL, since I have other evidence (CBP admission record and my affidavit explanation) ?
The I-102 wants to see a copy of a passport stamp. I received no stamp. I don't know under what visa I was admitted. I have evidence of my admission because CBP has a record of my entry, but I have no idea what kind of visa I received - some sort of tourist or visitor visa. I have been coming to the United States on a regular basis since I was a kid. They have only ever stamped my passport when I came in via plane. They never issue an I-94 unless I come by plane.
Do I need to try to get an I-94 by filing an I-102 before I submit my I-485? If I submit my concurrent I-485 package without that, will it be rejected and will I lose all my application fee money, or will they just request additional evidence? Or, can I submit an I-102 concurrently with the I-485 package? The I-102 is about $500 - I would definitely like to not file it if it won't put my entire application at risk.
Thanks for taking the time to read this
My husband and I are currently finishing up my adjustment of status package to file concurrently, which includes the I-130 and I-485. Many of these documents ask for I-94 information.
I entered the United States from Canada via land crossing in June of 2019 to visit family. I had met my husband on a previous trip and stayed longer than expected as our romance evolved. We decided to get married in October of 2019. After getting married, we started preparing these forms.
When I crossed from Canada, Customs & Border Patrol did not stamp my passport. They did not issue me a paper I-94. There is no electronic I-94 for this entry. There IS a record of the entry on CBP's website. What I had done was, I printed out the travel records CBP had for my passport and wrote a letter of explanation about the circumstances of my entry, what questions CBP asked, indicated that I am a possible overstay but don't know my visa terms, and signed & dated it under penalty of perjury. But, as I was re-reading the instructions for the I-485 as we get to the final stretch of preparing these forms, I found this portion:
The instructions for the I-485 state:
"If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013, with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP website without charge. If your Form I-94 cannot be obtained from the CBP website, it may be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for this service."
They also state
You must establish any claim that you were admitted or paroled into the United States. This evidence must relate to your most recent arrival into the United States. Submit copies of the following documents, if available:
A. Passport page with admission or parole stamp (issued by a U.S. immigration officer);
B. Passport page with nonimmigrant visa; and
C. Form I-94 Arrival-Departure Record (See Form I-94 Arrival-Departure Record in the General Instructions section of these Instructions).
If you cannot produce this primary evidence, and DHS has no record of the admission or parole, USCIS will presume that you came into the United States without admission or parole. You may, however, provide secondary evidence (records maintained in the ordinary course of business by any individual or organization other than DHS) to support your claim that you were admitted or paroled. If no secondary evidence is available, you may submit separate written statements, signed under penalty of perjury under United States law, from yourself and from any other individuals who have personal knowledge of the circumstances of your claimed admission or parole. Any statement should explain in detail when and where you came into the United States; what travel documents you had, if any; whether you showed them to the immigration inspector; any questions the immigration inspector asked; and any other details about your claimed admission or parole.
A. Passport page with admission or parole stamp (issued by a U.S. immigration officer);
B. Passport page with nonimmigrant visa; and
C. Form I-94 Arrival-Departure Record (See Form I-94 Arrival-Departure Record in the General Instructions section of these Instructions).
If you cannot produce this primary evidence, and DHS has no record of the admission or parole, USCIS will presume that you came into the United States without admission or parole. You may, however, provide secondary evidence (records maintained in the ordinary course of business by any individual or organization other than DHS) to support your claim that you were admitted or paroled. If no secondary evidence is available, you may submit separate written statements, signed under penalty of perjury under United States law, from yourself and from any other individuals who have personal knowledge of the circumstances of your claimed admission or parole. Any statement should explain in detail when and where you came into the United States; what travel documents you had, if any; whether you showed them to the immigration inspector; any questions the immigration inspector asked; and any other details about your claimed admission or parole.
Do I need to file a Form I-102 and get a new I-94 before I file the concurrent I-485 package? Can I get new a I-94 if I was never issued one in the first place? Can I file the I-102 with the I-485 package? Do I need to file an I-94 at ALL, since I have other evidence (CBP admission record and my affidavit explanation) ?
The I-102 wants to see a copy of a passport stamp. I received no stamp. I don't know under what visa I was admitted. I have evidence of my admission because CBP has a record of my entry, but I have no idea what kind of visa I received - some sort of tourist or visitor visa. I have been coming to the United States on a regular basis since I was a kid. They have only ever stamped my passport when I came in via plane. They never issue an I-94 unless I come by plane.
Do I need to try to get an I-94 by filing an I-102 before I submit my I-485? If I submit my concurrent I-485 package without that, will it be rejected and will I lose all my application fee money, or will they just request additional evidence? Or, can I submit an I-102 concurrently with the I-485 package? The I-102 is about $500 - I would definitely like to not file it if it won't put my entire application at risk.
Thanks for taking the time to read this
Comment