Advance Parole based on pending K1 AOS

jsnearline

Registered Users (C)
My wife came here on a K1. We got married and filed AOS within 90 days of her arrival. We want to apply for AP. If we get AP and we travel, don't we have to surrender the I-94 that has her original date of entry on it? If we do that, the new I-94 would have her most recent date of entry (after the date on the marriage certificate). If the DO then wants to see the original I-94 at time of interview, we wouldn't be able to show it. All we'd have are the photocopies.

Any suggestions?
 
jsnearline said:
My wife came here on a K1. We got married and filed AOS within 90 days of her arrival. We want to apply for AP. If we get AP and we travel, don't we have to surrender the I-94 that has her original date of entry on it? If we do that, the new I-94 would have her most recent date of entry (after the date on the marriage certificate). If the DO then wants to see the original I-94 at time of interview, we wouldn't be able to show it. All we'd have are the photocopies.

Any suggestions?

In my opinion, this is very common and you should always show the most recent I-94 and that's what they are looking for. If they find, it's different from what you originally submitted, they might make a copy and update the file. I don't see any problem with it.
 
90 day time limit - importance of original I-94 for proof

The reason this has me concerned is because with the K1, you have to show that you married within 90 days of the date of entry to qualify for AOS. Otherwise we would have to start over and file the I-130 as well. I have a copy of the I-94, but am a bit reluctant to give up the orignal ahead of the interview.

What makes me more nervouse is that I called CIS three times and got three different answers from them on this. One person said no problem. Another said not to travel until we have the interview, and a third said travel, but at our own risk.
 
jsnearline said:
The reason this has me concerned is because with the K1, you have to show that you married within 90 days of the date of entry to qualify for AOS. Otherwise we would have to start over and file the I-130 as well. I have a copy of the I-94, but am a bit reluctant to give up the orignal ahead of the interview.

Copies of the original I-94 are just fine.
 
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