Someone with knowledge of Marriage Sponsorship and Filing forms; I-94 problems

[jillianshea]

What is the name of your state? Alabama

Hello, I have a question for anyone who has an answer. I recently married my husband who is an overstay from Mexico. He arrived here in 2001 on a B1/B2 Visa/ Border Crossing Card ("laser Visa"). He graduated high school with me and that's how we met. We are both nursing students in college now. We are about to start his process for a GC,etc. and we couldn't find his I-94 stub that it asks for on the forms. We talked to his dad and he "thinks" that he may have retuned it to someone in 2002 because the date was about to expire and he wanted his son to finish out high school here (little did he know that we would meet and fall in love) But his dad says he really doesn't remember what happened to it and that he has no idea where it is. So now we're married and we have no I-94 to start his paperwork!! HELP so**************...

1) If we file the I-102 for replacement of a lost I-94, what will happen then if it really was turned in (if turning it in is even possible, but you never know what crazy thing could've happened!) ???

2) And can we file the I-102 simultaneously with the I-485,I-130,I-765,etc**************. OR would it be best to WAIT until we find out what happened to the I-94 by filing the I-102 FIRST and getting it's results back? How long would it take to get a replacement?

3) Last question: If it WAS turned in and he stayed here.. #1 would they still give him a replacement of the original so we can use the # on it for filing paperwork; #2 Could he prove that he actually never did leave, could he still file everything as a married to a USC and overstayed?

THANKS FOR ANY ANSWERS

[/INDENT​

[/FONT]]What is the name of your state?What is the name of your state?​

 

[SHORTY LONG]

What is the name of your state? Alabama

Hello, I have a question for anyone who has an answer. I recently married my husband who is an overstay from Mexico. He arrived here in 2001 on a B1/B2 Visa/ Border Crossing Card ("laser Visa"). He graduated high school with me and that's how we met. We are both nursing students in college now. We are about to start his process for a GC,etc. and we couldn't find his I-94 stub that it asks for on the forms. We talked to his dad and he "thinks" that he may have retuned it to someone in 2002 because the date was about to expire and he wanted his son to finish out high school here (little did he know that we would meet and fall in love) But his dad says he really doesn't remember what happened to it and that he has no idea where it is. So now we're married and we have no I-94 to start his paperwork!! HELP so**************...

1) If we file the I-102 for replacement of a lost I-94, what will happen then if it really was turned in (if turning it in is even possible, but you never know what crazy thing could've happened!) ???

2) And can we file the I-102 simultaneously with the I-485,I-130,I-765,etc**************. OR would it be best to WAIT until we find out what happened to the I-94 by filing the I-102 FIRST and getting it's results back? How long would it take to get a replacement?

3) Last question: If it WAS turned in and he stayed here.. #1 would they still give him a replacement of the original so we can use the # on it for filing paperwork; #2 Could he prove that he actually never did leave, could he still file everything as a married to a USC and overstayed?

THANKS FOR ANY ANSWERS

[/INDENT​

[/FONT]]What is the name of your state?What is the name of your state?​

DUPLICATE POST: https://forum.freeadvice.com/showthread.php?p=1799960#post1799960​

 

[jillianshea]

Sorry about that duplicate post it was an accident! Do you have any advice for me shortylong?

 

[SHORTY LONG]

He arrived in the United States Legally, Yes? If so, and you are now lawfully
married, and have consummated your marriage, then, why not file the proper
forms on the basis of your marriage?

Take a look see at: http://www.eimmlaw.com/processing/status_adjust.php4

Lastly, you will be much better to hire an Immigration Attorney, which
we have one, but I have not seen her on line lately. Maybe, due to the
New Year she may be taking some time off.

 

[jillianshea]

Shorty long

ok thanks. And do you know anything about what proceedings to take about the (lost/ turned in??) I-94????

 

[ImmigAttyLana]

He will need to PROVE his lawful entry through the I-94 card so you need to file for the duplicate first to see whether it can be obtained. If not, then you will have to document his lawful entry through secondary documentation but it is best to have the I-94 copy.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[nola32]

I-94

You will have to somehow prove that he entered the US legally. The I-94 is what they are really looking for and if you can apply for a duplicte I would do so as soon as possible. It shouldn't be a problem as he has been here for so long. Problem is that you are not supposed to lose that, it is meant to be kept in your passport at all times. Try your best to find it, it will be an important part of the process.

 

[jillianshea]

Lana,

Ok, so he has ALL his plane tickets,records,etc. from when he came here, he just lost his I-94. So can we use the plane tickets when we file and just leave the place where it asks for the I-94 blank???? The plane tickets have his name and where he went from Brownsville,TX to houston,TX and a ticket for houston,TX to birmingham,AL

 

[ImmigAttyLana]

NO, you need to try to get I-94 and only if that is not available or not obtainable then you can try to prove his lawful entry through the secondary documentation.

 

[jillianshea]

Thank you Lana!!!!!

ok, so file I-102 right? We were not aware of how important it was until we starting doing his papers. I am so confused and my head is spinning because of it. We just asked his dad for it to see if he may know where it was, and his reply was, "I have no idea, I think I may have turned it back in when i went back to mexico that time with your mom, but i really don't remember" end quote. So my husband and I are REALLY confused now cause that would put fraud on my husbands behalf even when he didn't do it!!!! And if it DID get turned in, filing I-102 wouldn't get the I-94 for our filing purposes would it?************** But the thing is we don't even know if it WAS turned in or not...... What should we do????? I know file a I-102 to find out.... but will they see he has overstayed or it was turned in, and put removal proceedings against him when we file I-102? We were wanting to file I-102 along with I-130,I-485,I-765,etc****************************...

Your replies are GREATLY appreciated... God Bless You

 

[ImmigAttyLana]

No, you would not submit the I-102 with the rest of the paperwork because it needs to be filed with a different service center of the USCIS anyway. The I-94 would only be turned in if the actual person who was issued it was returning. A parent would not be turning it in because that would not make much sense.

You need to submit the I-102 and see what the response is and only then you can submit the I-130/I-485, to be on the safe side. Otherwise, you will have to explain why you are not submitting proof of his valid entry with the I-130/I-485 and you will likely get a request for evidence asking for it anyway.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[jillianshea]

Lana

Thanks for your response Ok so we should file the I-102 FIRST and then wait for the response.

And about it being turned in... My husband was 12 when his dad thinks he turned it in. His dad told us when we asked why would you have turned it in, he said "At that time there was word going around that they would come get my son if they saw he overstayed"

first question: So since my husband was a minor at that time, would it have been possible for his dad to turn in the I-94 departure form if my husband (nor his twin brother) wasn't there at the checkpoint? Thank you for clearing this up for me.

second question: If we file I-102, will they see he is overstayed and put removal proceedings against him? (We are married but we haven't filed anything yet.)

Third question: How long will it take approximately to get a copy of the I-94 through an I-102?
God Bless You, Jillian

 

[ImmigAttyLana]

I don't see how he would have turned it in without the person accompanying the I-94 actually departing.

The processing times for the I-102 can be several months (check on the USCIS website)

They should not start any removal proceedings against your husband just because you submit the I-102.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[jillianshea]

Lana,

Ok... great. I pray that it wasn't turned in and just lost. Because I had been told that if it was turned in it would be fraud against my husband and he would be banned for life!!! But, we are now looking at filing the I-102 to get the replacement! (= Is there an interview for that? And it says we file to the Texas service center because we're in Alabama. It asks for the exact name, expiration date, and the number of the original I-94 and a copy of it, but we have no idea... no copy.. anything just his airline tickets,etc.. what do we do about that???

 

[ImmigAttyLana]

Do the best you can in recollecting as much details and particulars about the circumstances surrounding his entry as you can.