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Cant find my I94 form and I need the number to complete other

Customer Question

Can't find my I94 form and I need the number to complete other forms to becoming a permanent resident (recently married my college sweetheart of four years). Is there any way to obtain this number? I entered the country from England through JFK. Please help!
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 3 years ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....the visa waiver has no I-94 number. the reason being is that you promised to leave within 90 days. you need to leave and then have him file a K-3 spouse visa for you. If you stay here you risk being deported. In the last year the visa waiver applicants who have tried to change status in the u.s. and went against their promise have been denied and put in deportation proceedings. So if you continue with the attempt to change your status that is a big possibility that is what will happen in your case. They are not being lenient with visa waiver people any more. Just two weeks ago I had a client from France ordered deported who came in under the visa waiver and filed to change his status based on marriage to a u.s. citizen. So I would urge you to leave and do things the proper way.

To get you the k-3 after you leave he would need to file the I-130 and once he gets the receipt, he files form I-129F along with the I-130 receipt. Then the National Visa Center (NVC) will collect fees, I-864 affidavit of support, and then will send file to consulate for your interview. This option takes less time because you do not have to wait for the I-130 to be approved and don't have to wait for the green card to be approved before you can come.

 

once you re-enter the U.S. on the K-3 visa you will then need to file forms I-485 Adjustment of Status/green card and I-765 work authorization to obtain your green card.Once the forms are filed, it will take 30-90 days for you to get work authorization which you can use to go get your social security number and drivers license. The green card itself will take 6-8 months to obtain. If you need to travel after you have filed I-485 also file I-131 Advance Parole with all of these applications because if you travel after filing I-485 it is considered abandoned. I-131 allows you to return to resume processing the green card upon her return, as if you never left. Again, I-131 only needed if you want to travel during the green card process. If you will not be traveling, no need to file it.

 

Once the green card is issued it will be a 2 year conditional green card, the condition is that the marriage lasts 2 years from the date the green card was granted. 1yr and 9mos later (or 3 months before the green card expires) you need to file form I-751 to remove the condition, at which time it becomes a permanent green card. After marriage of 3 years and having your green card, you would be eligible for U.S. citizenship.

 

I would suggest you consult with a local attorney to discuss the details of your case. You can find one at www.ailalawyer.com and they can tell you their fees and you can decide if it is reasonable. Each attorney has their own fee.I hope this helps.

 

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12047
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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Customer: replied 3 years ago.

Hi,

 

Thanks for your answer it was helpful. So when I leave the country and then plan on coming back on a K3 spouse visa how will they know I have returned without handing in a I-94 when I leave the country?

 

Also how long does it take to file a K3 spouse visa? We have been filling in all the paper work here for change of status and everything so we should have all the paper work ready. Above you state that we need to file a I-130 to get a receipt then file that reciept along with a I-129F to the visa agency. On form I-130 there seems to be a section asking for I-94 departure information. What will I put in this space?

 

Kind Regards,

Expert:  Georgetown Lawyer replied 3 years ago.
you do not have an I-94 to turn in when you leave as a visa waiver person. So there is nothing to turn in. k-3 takes about 4-6 months. You will leave the I-94 departure information on form I-130 blank since you will not be in the u.s. when he files it. I hope this helps clarify. Thank you and please be sure to click ACCEPT so that I am paid for my time and answers. Best regards.

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