I94 not found.. a CBP officer called back

[SCC2018 1]

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.. 

 

[EM_Vandaveer 2,366]

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

[SCC2018 1]

2 minutes ago, EM_Vandaveer said:

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

Really!? I have that! 

[EM_Vandaveer 2,366]

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.

[SCC2018 1]

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. 

 

[USS_Voyager 1,971]

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.

[SCC2018 1]

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?

[EM_Vandaveer 2,366]

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

[USS_Voyager 1,971]

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.

[EM_Vandaveer 2,366]

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 January 9, 2019 by EM_Vandaveer

[dentsflogged 352]

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

[SCC2018 1]

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

[little immigrant 800]

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.

[bebkay 15]

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

[SCC2018 1]

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 January 12, 2019 by SCC2018