did not get I-94

C

ChadA

New Member
Hello, i am new to this forum and would really appreciate any help with a problem. My wife is from New Zealand and came to the US on a b2 visa for two weeks. She then went back home and came back 3 weeks later. We got married and are filling out the paperwork right now. The I-130, I-485, i-693, I-765, I-864, and g-325a. The problem we are having is that upon reentering the US she was not given a new I-94 form and it ask for the I-94 number on a couple of the forms. She just got her passport restamped and her she turned in her original I-94 when she returned home after the vacation. Not sure what to fill out on the forms.

Thanks for any help,
CHad
 
The airline staff normally hands out the I-94's during the flight. She should have asked for one.

She just got her passport restamped...
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Do you mean they stamped it on her last entry when she didn't have the I-94?

She'll have to leave the I-94 number blank. As long as she includes with the I-485 a copy of her B2 visa and the page where her passport was stamped, they'll be able to find her entry in the system (assuming they swiped her passport at the port of entry).
 
Just out of curiosity, are you sure she entered on a B2 visa and not the VWP?
The reason I ask is because just recently the VWP became paperless and no longer issues the physical green I-94W form, so if she came on the VWP she won't have a I-94W. Just ignore me if she actually came on a B2 :rolleyes:
 
elcupacabras said:
Just out of curiosity, are you sure she entered on a B2 visa and not the VWP?
Click to expand...

Good catch. It did strike me as a bit strange that the OP said she entered with a B2 visa, given that New Zealand is eligible for the VWP.

However, this B2 vs. VWP brings up another issue. There is a court case pending related to eligibility to file AOS after entering with the VWP. Another poster's case is being put on hold because of that pending court case. Remember the VWP rules say no change of status is allowed, but USCIS has been allowing adjustment of status and maybe they shouldn't have been doing that. So if she entered with the VWP, her case may also get caught up in this issue and possibly denied depending on what happens in the court case.
 
thanks for the help, i think maybe it was the VWP. will check out the links posted.

thanks again,
Chad
 
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