HELP! Adjusting Status Through Marriage
 

Hi all,

I am DACA recipient who will soon be married to a US citizen so I'm getting all my forms together for a speedy process. I entered the US with a B2 visitors visa and was inspected/stamped. It obviously expired and I've been applied/renewed DACA twice. I just have a few questions and would appreciate your input (especially for those whose situation was the same as mine and have gotten their green card through marriage since):

1) I lost my i-94. In the parts that ask for its #, expiration date, etc., I explained that it was lost and that I am submitting a copy of the page in my passport that immigration stamped when I entered as well as the visa page. Does this take the place of the i-94? Have any of you gotten approved without a lost i-94?

2) Form I-485, part 8, item 17 asks: "Have you ever violated the terms of a nonimmigrant visa? Technically I did since I overstayed and was unlawful. Should I answer yes?"

3) Form I-485, part 8, item 23 asks: "Have you ever applied for any relief or protection from deportation or removal?" Is DACA under this category?

Also it asks what my current immigration status is and I just put DACA Recipient. What did some of you answer for this question?

Re: HELP! Adjusting Status Through Marriage
 

I don't have answers for all of these but I can answer 1 and 2.

1. YES the copy of the stampnon your passport, with the VISA page is sufficient. You just need to prove the legal entry. You should explain though why you did not include the i94 or the i94 #. Just explain that over the years you lost it.

2. The answer to this would also be yes. You will have space on the last page of the form to explain that you violated the terms by over staying and not leaving once the time expired

3. I would assume yes bit I'm actually not sure on this one. Sorry

Re: HELP! Adjusting Status Through Marriage
 

Not an expert here, but I would go with "No" for 3.
I think it refers to a situation where you are in removal proceedings and then request relief/protection.. but that's just how I'm reading it

Re: HELP! Adjusting Status Through Marriage
 

1.The visa page is proof of having a visa, but the "proof of entry" is actually the I-94 arrival/departure record.

2.Yes, you should answer as described.

3. The answer would be technically, no. If you have never been placed in actual immigration court...no.

4. No, Deferred Action. However, they will know what you are talking about either way so no worries.

Re: HELP! Adjusting Status Through Marriage
 

OP has a stamped passport page. USCIS accepts the stamped passport page as "proof of entry" when the I-94 is not available.

Re: HELP! Adjusting Status Through Marriage
 

what was the fee for form i 485??

Re: HELP! Adjusting Status Through Marriage
 

1. Do a FOIA with CBP, or file I-102. FOIA is preferable since it's free. Include as much information as you can: your name, passport number, date of entry, port of entry, etc.

You can file the form with a copy of your entry stamp and visa page (missing the I-94) but you will get an RFE. Usually FOIA will come back way before the RFE does. If FOIA comes back blank you have a problem and have to file I-102. If you want to play it safe you want the I-94 before you file.

Is there any other place that might have a copy of it?

2. Yes. This does not prevent from AOS as an immediate relative.

3. Technically yes. Better to just mark it yes and provide an explanation.

Re: HELP! Adjusting Status Through Marriage
 

Demise, any idea on whether the I-94 is absolutely necessary? I'm filing an AOS application for my grandmother, she's being petitioned by her daughter. She has her passport stamped with her B2 Visa entry stamp, but has lost her I-94. I have already submitted 2 FOIA request with different variations of her name, and neither have returned an actual I-94 number or copy. They will only send us a record of her entry, has a date, time and place. I've read that the stamped passport coupled with plane tickets etc are sufficient to prove legal entry without the I-94.
I'm assuming FOIA request is not resulting in an I-94 due to the age, she entered about 18 years ago

Re: HELP! Adjusting Status Through Marriage
 

Secondary evidence is acceptable if I-94 is not available. If CBP has an entry record then that'd do.