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SCC2018

I94 not found.. a CBP officer called back

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Tired many ways to locate my wifes i94 for AOS. ( different name combination, called port of entry) still no luck) finally I emailed the local dallas port.  An officer called back. I told him that we need i94 for her AOS, he seemed very pissed and told me “she needs leave the country or get deported because of OVERSTAY bottom line” ...then hung up!

 

 

i94 is the last piece of info I need to submit for AOS.

 

She is out of status for since oct 2017. We have been married and have a child since then. Our family can’t afford to have her leaving the country.. 

 

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Presumably she has a stamp in her passport. Copy of that is proof of legal entry.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Just now, SCC2018 said:

Really!? I have that! 

Yes, really. You only need proof of legal entry in whatever form you have it. It doesn't have to be specifically the I-94. I AOSed from VWP, wasn't issued an I-94 (AFAIK) and used the copy of the admission stamp in my passport as proof of legal entry.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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2 minutes ago, EM_Vandaveer said:

Yes, really. You only need proof of legal entry in whatever form you have it. It doesn't have to be specifically the I-94. I AOSed from VWP, wasn't issued an I-94 (AFAIK) and used the copy of the admission stamp in my passport as proof of legal entry.

I got really scared from the CBP officers quote...

we are at fault because Overstay. 

 

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Yes, you only need to submit proof that she entered the country legally and was "inspected" by CBP. After that, it doesn't matter, she could be illegally present for 20 years, and it's "forgiven" when she married a US citizen and apply to adjust status to LPR. Note: it is VITAL that she does not leave the US in any circumstances until at the minimum her I-131 is approved (assume you will submit that too with the I-485), but I would prefer until she has a Green card in hand that she travels. If she leaves the US before her I-131 or I-485 is approved, she will be barred from entering the US for 10 years. Then you have to get a waiver, and it's a whole load of other problems.

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17 minutes ago, USS_Voyager said:

Yes, you only need to submit proof that she entered the country legally and was "inspected" by CBP. After that, it doesn't matter, she could be illegally present for 20 years, and it's "forgiven" when she married a US citizen and apply to adjust status to LPR. Note: it is VITAL that she does not leave the US in any circumstances until at the minimum her I-131 is approved (assume you will submit that too with the I-485), but I would prefer until she has a Green card in hand that she travels. If she leaves the US before her I-131 or I-485 is approved, she will be barred from entering the US for 10 years. Then you have to get a waiver, and it's a whole load of other problems.

I’m applying for i130. Should I apply for i131 as well?

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14 minutes ago, SCC2018 said:

I’m applying for i130. Should I apply for i131 as well?

Hopefully not just the I-130 because it gives her NO status at all on its own. Follow the guide:

https://www.visajourney.com/content/i130guide2


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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7 minutes ago, SCC2018 said:

I’m applying for i130. Should I apply for i131 as well?

You can submit the following concurrently: I-130: petition of a US citizen (you) to sponsor your spouse (your wife), I-485 Application for your wife to adjust her status to Lawful Permanent Resident, I-131 Advanced Parole: this is travel document what will allow her to travel outside of the US and return while the AOS is pending, and I-765 Employment Authorization Document: allows her to work legally while awaiting her Green card.

 

The first twos are must haves. The latter two are optional, can be file with the first two or at a later time. If filing the I-131/I-765 together with the I-130/I-485, there is no filing fees for the I-131/I-765. If filed separately, there are separate filing fees for those, so as you can imagine, most people just do those together.

 

The I-131/I-765 will be approved before the I-130/I-485, and they might send her what's known as a combo card "Employment Authorization" also acts as I-131 Advanced Parole.

 

You two will have to attend an interview before the I-485 can be approved, so that could take a while.

 

In the meantime, gather as much information that will prove your relationship is bona fide.

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Posted (edited)
1 hour ago, USS_Voyager said:

You can submit the following concurrently: I-130: petition of a US citizen (you) to sponsor your spouse (your wife), I-485 Application for your wife to adjust her status to Lawful Permanent Resident, I-131 Advanced Parole: this is travel document what will allow her to travel outside of the US and return while the AOS is pending, and I-765 Employment Authorization Document: allows her to work legally while awaiting her Green card.

 

The first twos are must haves. The latter two are optional, can be file with the first two or at a later time. If filing the I-131/I-765 together with the I-130/I-485, there is no filing fees for the I-131/I-765. If filed separately, there are separate filing fees for those, so as you can imagine, most people just do those together.

 

The I-131/I-765 will be approved before the I-130/I-485, and they might send her what's known as a combo card "Employment Authorization" also acts as I-131 Advanced Parole.

 

You two will have to attend an interview before the I-485 can be approved, so that could take a while.

 

In the meantime, gather as much information that will prove your relationship is bona fide.

I-130A is necessary, too. And of course I-864. Guide linked above. Also I-765 & I-131 don't have fees if filed based on an underlying I-485 whether they submitted at the same time or later (if later than the copy of NOA1 for the I-485 has to be sent as proof that no fee is required).

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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21 hours ago, SCC2018 said:

I got really scared from the CBP officers quote...

we are at fault because Overstay. 

 

Technically the CBP officer is right. 
Unless and until you have filed for AOS she is technically deportable. Get those forms in yesterday

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1 hour ago, SCC2018 said:

Quick question guys/gals. Is there an advantage on hiring a lawyer to do the filing?

Not really. 

 

I filed for my husband who had overstayed for 5 years and we received our GC 2 days ago.


Spoiler

2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2013-03-05 Biometrics
2013-03-24 Approved
2013-05-05 Green card received
2016-08-02 N400 filed
2016-08-12 NOA
2016-12-08 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony

 

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I filed as an overstay of 5 years. I applied for AOS plus EAD and advance parole.

Are you sure she doesn't have an electronic I-94? I entered in 2013 so I was not given a paper I-94 but the record of me entering is online

https://i94.cbp.dhs.gov/I94/#/recent-search


AoS Timeline:

12/12/18 Mailed AoS + EAD + AP

12/14/18 Package delivered at Chicago Lockbox

12/20/18 Text notifications received 

12/24/18 NOA1 received 

12/31/18 Biometrics Appointment letter received. Scheduled for 1/9/19

01/03/19 Biometrics walk-in done

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2 hours ago, bebkay said:

I filed as an overstay of 5 years. I applied for AOS plus EAD and advance parole.

Are you sure she doesn't have an electronic I-94? I entered in 2013 so I was not given a paper I-94 but the record of me entering is online

https://i94.cbp.dhs.gov/I94/#/recent-search

 

I entered her name so many different ways but It just won’t come up. Could have been a typo or something....she does have the stamp and I’m also sending in the screen shot of the page which says “ no record found”.. hopefully it will bypass.

 

if you don’t mind me asking what status were you holding during the 5 years of overstay?

Edited by SCC2018

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