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I wanted to know if there is anyone on this forum that successfully adjusted their status using FOIA records as proof of Entry.

My passport and I-94 were stolen so I only have FOIA as proof of Entry and the police report.

I know a lot of people are not very successful with I-102, 'cause USCIS want at least copy of passport and I-94 to approve your application, and I don't have that.

Thanks for your input.

Congrats

Wishing you the best all the way to citizenship lol!!

How about life insurance showing you as the beneficiary? If you have that include that as well.

1) On a side note I have a question for you. I see that you were successful with your I-102.

Wanted to know what supporting documents did you send with your application. I came in 97 and my passport and I-94 were stolen.

I FOIA'd my records as proof of my entry, and was thinking about using that as my supporting document.

2) When you went for your biometrics appointment, what form of identification did you use? your expired passport or did you have a state ID?

Thank you so much and good luck!

Let us know how about your interview experience.

There are many many posts asking this same question. Though they might not have an answer that works for you, it'll give you ideas.

Here:

- http://www.visajourney.com/forums/topic/136977-identification-for-biometrics/

- http://www.visajourney.com/forums/topic/41248-help-biometrics-ids/

- http://www.visajourney.com/forums/topic/41389-biometrics-appt-soon-need-photo-id/

- http://www.visajourney.com/forums/topic/198517-biometrics-appointment-advise-needed-please-read/

- http://www.visajourney.com/forums/topic/303697-expired-id-for-biometrics-appt/

- http://www.visajourney.com/forums/topic/224837-expired-picture-id-for-biometrics-this-might-be-my-last-post-ever/

- http://www.visajourney.com/forums/topic/312775-anyone-who-did-not-have-a-passport-for-biometrics-and-aos-interview/ (this one actually says expired passport is fine).

At the very least these links will allow you to msg the members or check their timelines and what not to see what worked for them.

Also, I'm posting the links to show you that you really should try a search first. If for no other reason than you'll get a more immediate answer to your qn that will help you stop freaking out

Thank you so much!!! I will do that next time.

So are you saying if I brought my marriage certificate and expired passport from my native country they will not allow me to do the biometrics?

No I don't live in Arizona.

Thanks

I have a question. My passport expired in 2008, and I don't have any valid form of identification. (My ID from my native country expired too).

When I go for biometrics, would that be a problem? I cannot renew my passport as I have to have an unexpired ID, otherwise I will have to go back to my native country to renew it, which I can't do.

Thanks!

Hi,

your spouse should at least remember what year and month they entered the US. If he doesn't remember a thing I-102 will be a waste of time and money as they will need additional proof. My 2 cents advice is to FOIA his records and visa. Am in the same boat and seems like the wait is around 6-8 months to get your information back, and with him not remembering anything might take even longer.

Please tell him to be honest with you. You both already said 'I do' if he came in without inspection he should just break down and tell you the truth, if he came in with inspection he should remember something...year month because that would help with research.

Good luck.

bump

If he filed as HOH he essentially filed as single. I honestly don't know if there's a way to get that reversed without consequences, if at all.

Here's some info about the w-9 that I mentioned:

info: http://www.irs.gov/instructions/iw9/ar02.html#d0e147

the form: http://www.irs.gov/pub/irs-pdf/fw9.pdf

So if you file as Head of Household you are considered 'single'?.

Would really like to know if anyone had been in this same boat and went through the interview okay.

I know that every IO officer is different but just in case....

Thanks!

Let's take this one step at a time, shall we?

So you entered the US with a visa which expired in 1997 and are out of status since. Yes or no?

1) Have you worked? Yes or no.

2) I understand that your husband filed his taxes without you, but did he file as "single" or as married?

3) Why did you guys not file for Adjustment of Status in the past 8 years?

Hi there,

1) No, I have not worked.

2) Has been Filing as 'Head of Household'

3) Didn't file because my passport got stolen and

some attorneys had been saying that it was impossible

to adjust because I was out of status and some said I will have to do I-601 until I got online

and did the research myself and found this forum... didn't realize 8 years went by so fast . I recently FOIA'd my I-94 and visa records

and waiting for the docs to come back so I can apply for my I-94. Right now I have to prove that I entered legally before applying for anything

correct?

Thanks.

No, you do not need an SSN to fill tax forms. There are many people who don't have SSNs and have stayed in the USA for decades.

To answer the OP, you will at least need an ITIN to fill up tax forms/returns together with your spouse. Everyone who enters the USA lawfully with a visa can apply for an ITIN before the visa expires.

Thanks for the info. My visa expired long time ago as I entered in '97.

My marriage is bonafide, they only thing is I was never claimed on his taxes at all.

Will My AOS get denied because of that? Anyone had the same experience?

I have been married for 8 years and my US spouse has not claimed me at all

due to NO SS#. I wanted to know if this would be a problem when applying

for AOS. We have 2 kids and he has been filing as Head of Household.

Thank you for your help.

Oh yeah if he has a copy of his passport with a stamp that's sufficient enough. you can send a copy of that with the application.

But first remember, post the time-line so you can get better help.... hopefully he has never claimed to be a citizen either 'cause that's

a very serious offense.

I'm helping a friend of mine with a petition to adjust status. He has been here for more than 20 years and entered on a visit visa. He is now married and has a four year old child with his spouse who is a citizen. Now he wants to adjust his status. I believe he is supposed to file an I-485 since both he and his spouse are here. However he can't find his I-94 and it needs to be sent in with his petition. Is there a way of obtaining a copy or what are his options?

Thanks

Just a word of advice USCIS will not just issue you your i94 because you've requested for it. They will need additional proof that your friend entered legally. A lot of I-102's get denied because people just request with no evidence to support their application.

Does your friend have a copy of his ticket or boarding pass or anything to prove legal entry. Also he must know the date of entry and which POE it was. Maybe if he attended school here then the school might have his I-94 records (that would help).

If he doesn't have any of the documents to support entry then I-102 will get denied. Check out this USCIS link. Your I-102 app goes through stages of approval; http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13257.html

He might have to FOIA his records so he can get his I-94 # (I've been here for over 10 years and just requested my FOIA last month so I can apply for my I-102. It can take up to 3 months to get those records.)

This immigration system can be a bit complex. It will be good to post his timeline ie. when he entered, did he attend school - when?, when did he get married, any arrest etc...that way he can get better help. No he will not get in trouble for requesting a copy.

I am in the same boat, I only have my FOIA Request to prove my legal entry, my AOS interview is on April 12, I will let you know if they accept it.

Thanks please let me know. I am kind of in a panic mode, may be I shouldn't.

I have been brainstorming, I thought maybe if I had a letter from the consulate that they

had issued me a visa would also help.... I don't know.

Thanks. I will apply - I was wondering if anyone has been successful in getting a copy of i-94 after this long.

I have heard a lot of times that the USCIS doesn't even respond - I mean success rate of I-102 is very very low.

1) So will FOIA records be good enough if I don't get the I-102 back?

2) Also if I do get a copy of I-94 then what I my chances of getting approved without the original passport or copy?

Thank you so much.

it was a b1/b2 visa. never left US. no criminal record

I don't have the airline ticket. Have not filed yet no paperwork yet.

When I called the airlines, they keep their records up to 10years so I can't get that.

been married for 5 yrs. I feel stuck...

Thank you for helping!

Entered US in 98 and my passport and I-94 were stolen.

Filed police report and replaced passport and not I-94.

My QUESTION IS: I have to prove that I entered legally.

Is FOIA strong enough to prove my entry?

Please help!!

Thank you