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paisanita Newbie

paisanita   0

Posted
Filed: Timeline
Posted

Hi,

I'm new to this forum and I'd like some advise from some of you that have gone through the same situation or know of somebody who did. I came from Peru to Miami Airport with a tourist visa in 1990. I got my I.D. and social security the very first week I was here. To make the story short... I overstayed my tourist visa and met my now husband back in 1993, but we didn't get marry until 2003. We have two kids and I haven't been able to apply for the I-130 because I lost my passport with the I-94 card. I have unsuccessfully applied for a replacement for the I-94 card but twice my request have been denied.

If any of you have any advise as of how can I apply for my I-130 without the I-94 please let me know.. I'd appreciate it..

Thanks a lot

paisanita

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Penguin_ie Grand Master

Penguin_ie   5,986

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

***** Moving from CR-1 to AOS from Tourist... forum as OP is already in the USA ******

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Maxximus1074 Enthusiast

Maxximus1074   14

Posted
Filed: Lift. Cond. (pnd) Country: Germany
 Timeline
Posted

Hiya,

oh boy...unsuccessful with a replacement application? You mean, you filed I-102 twice and they would deny it?

Did they give you a reason why?

You definitely would need replacement as it serves as evidence that you got inspected upon entry to the US and you didn't just "sneak in here" so that you can qualify for the AOS (even if you came as a tourist it does proof it).

I am not sure what advice to give, haven't heard about denied cases for I-94 replacement before as the I-102 form only gives you a few check marks to select why you would want to have a replacement, one of them being "lost/stolen".

Had to apply for a replacement myself (Same story, passport incl. visa/I-94 gone) that I got in 2001 but had no problems getting a new one.

Let us know the reasons they gave you for not granting your replacment request and how you applied for it, maybe there's something that can be done, changed etc. in order for you to start your AOS :)

Don't worry, if push comes to shove, see a lawyer and seek advice, there is many community based non profit organizations with immigration lawyers donating their time and you get an affordable consultation, advice. I went to Catholic Charities, am personally Catholic, but you don't have to be in order to get help, and they sure were a great at my location!!

Maxximus

10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

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