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  • PROOF OF LEGAL ENTRY

    ANY IDEA HOW TO RETREIVE A LOST OR STOLEN i-94 CARD. I DON'T HAVE MY PASSPORT NOR WHITECARD, I KNOW I HAVE TO FILL OUT I -102 , BUT WHAT EVIDENCE CAN I PRIVIDE AND FROM WHERE.
    I NEED IT IN ORDER TO PROVE MY LEGAL ENTRY TO THE US , BECAUSE I'M GETTING MARRIED. THANKS.

  • #2
    Do you recall wehn and where u entered USA ?

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    • #3
      How did you lose your I-94? Did you lose your passport as well?

      Did you file a police report when you lost your stuff? Do you have anything else on you -- eg., a driver's license from your country of origin, etc., that would help in your identification?

      Have you read the instructions for the form I-102 -- it states, if you are unable to provide a copy of your biographic page from your passport, and a copy of the page indicating your admission, you have to submit a full explanation stating why you cannot give any of the required evidence. Also, since you are claiming that your card was lost or stolen, you have to submit a copy of the police report relating to the theft.

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      • #4
        Thanks for replying.
        Unfortunately my I-94 was attached to my passport and i lost that too...i do have a police report, but what my lawyer said is the more evidence i have the better, because just the police report itself doesn't prove that i entered legally.
        So i was thinking maybe you guys can give me some other ideas, what else i should look for. Because once i send the form in, i have to wait for a few months for a response and if it is negative than i'm really screwed i can't do anything else, ...i really want to gather whatever i can ....it really ****s. thanks again.

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        • #5
          As Mark75 said, do you recall when you came to the US? Do you know your port of entry? What visa classification do you have -- tourist B1/B2, student F-1, etc? Do you remember when your I-94 expires?

          I feel that the instructions for a lost/stolen I-94 is easy to understand -- you just need to explain why you cannot submit biographic info from your passport -- obviously it was stolen.

          Since you have the police report -- you can submit a copy of that too.

          Do you still have your plane stubs, if you flew into the US? Maybe that could serve as evidence.

          Csunkala, what other evidence did your lawyer suggest that you collect?

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          • #6
            Thanks again for the quick reply. Let's see, I can provide the date but i forgot which airport i came to and i also remember what visa type i had.
            I got my visa for a year which expired a while ago....My lawyer told me to gather as much info as i can and it will be up to them if they accept it or not.
            the reason i want it really bad is because if they decide not to approve then i won't be able to get married either, becuse once i get married and then file all the papers the first question they will ask me is going to be about my entry...and if i tell them that i got a disapproved letter regarding my i-94 they will automatically deport me thinking that i came here illegaly.
            i do have to have the best evidence i can get to prove them i came here legally. but unfortunately i can't think of any that would guarantee me 100% success...:-( thanks

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            • #7
              immigration know when you entered the USA

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              • #8
                Originally posted by csunkala:
                ANY IDEA HOW TO RETREIVE A LOST OR STOLEN i-94 CARD. I DON'T HAVE MY PASSPORT NOR WHITECARD, I KNOW I HAVE TO FILL OUT I -102 , BUT WHAT EVIDENCE CAN I PRIVIDE AND FROM WHERE.
                I NEED IT IN ORDER TO PROVE MY LEGAL ENTRY TO THE US , BECAUSE I'M GETTING MARRIED. THANKS.
                No one has really answered his primary question. File form I-102 to replace a lost, stolen, or replacement of an I-94 card. If you are unable to submit a copy of your biographical info or your passport, you must submit an explanation stating why you cannot give any evidence. If your card was stolen, submit a copy of the police report. YOu will also need to contact your embassy or consulate to replace your new passport because you will need that when you depart back to your home country.
                "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                • #9
                  If you read the previous posts, you will see that her question has been addressed. However, I think her problem is deeper than a lost or stolen I-94 and passport -- if you look at her most recent post, she is implying that she is now here illegally as her visa has expired a while back.

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                  • #10
                    Thank you Everyone for taking the time to read my post and answer.
                    Yes, Txgirl you're right i've been here for a while overstayed, and it is kind of a complicated story.
                    What i was wondering if i can get a copy of my I-94 directly from the border station (whatever it's called) because i do know that they do keep a copy of my I-94 when i enter, so they can keep track of me. What do u think? thanks

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                    • #11
                      Csunkala, your lost/stolen I-94 is only a minute part of your problem. Even if you get a copy of the I-94, you still would not be able to apply for adjustment of status as your authorized stay in the US has expired -- check I-485 form.

                      You do have legal counsel, right?

                      Comment


                      • #12
                        Hi Txgirl,
                        Well, i might have not mentioned that the reason i need my I-94 is because i'm getting married, i don't need to apply for adjusment, do I? I need the proof of legal entry because at the interview that would be the first question how I entered the country, and lack of that info they can deport me. that's what my lawyer said.
                        My other question that came to mind is, do u think i can get married and not have the interview yet, i want to wait until i get the copy or the approve of the I 94, or interview after marriage is something that's automatic??? thank you.

                        Comment


                        • #13
                          Hi Csunkala, this is just what I think, ok? I am thinking that the reason that you are getting married is (aside from being in love with the guy you are marrying) because you would like to stay in the US permanently.

                          For you to be able stay here permanently, your husband would need to file the I-130 Petition for Alien Relative, and you would need to file the I-485 Application to Register Permanent Residence/Adjust status -- I think both need your I-94, and you need to be "in status" -- meaning that your authorized stay in the US has not yet expired, when you file these forms -- do you understand what I am saying?

                          However, what I do not know is if the USCIS issues you a new I-94, would the expiration date be different from the previous? Do you need to file the I-102 together with the I-539 to extend your stay, and make the expiration date of the new I-94 different? Maybe this is another solution -- you should ask your lawyer.

                          Actually, if you just want to get married, you can get married without an I-94. I am quite confused -- what interview is your lawyer talking about? Please explain, thanks.

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                          • #14
                            Hi,
                            Thanks for your input. So, it's a little confusing for me, I'll try to simplify and tell you what's going on.
                            I'd like to get married to my boyfriend I LOVE and start a normal life. I've been in this country over 5 years now. I got my J1 visa - for a year, i didn't return home so I'm overstayed.
                            I lost my passport with the I-94 in it a little after i came here, and i didn't take care of it then, i know i should have but a lot was going on in my life at that time. anyway, both my lawyer and the form I -102 say that if i don't have my passport (the one i lost not just the I -94 than i have to give a full explanation as to how i lost it and gather as much documents as i can that proves my legal entry. And why i need that? Because if i don't have it i can't have an immigration interview, and can't get any of the benefits until i prove that i came here legally. I certainly can get married , but for me the question is, can i get married WITHOUT filing any petition until i get my replacement for i -94???? WHat my lawyer also said is that she doesn't recommend to file for all those petitions until i get approved for I-94 otherwise at the immigration interview they can easily say that they think i came here illegaly and kick me out. which obviously is not an option for me.
                            So my questions are:
                            1. Can i get married WITHOUT filing for I-130 and whatever people file for....
                            2. CAn i just stay married and do nothing about petitions until i get my approval for i-94
                            3. Or is I-130 and I -485 mendatory once i get married, and must file for those or do they give me a time frame? or is it totally up to me when i start filing these???
                            4. Any suggestion where should i start getting infromation about my lost I-94? Filling out I-102 is not enough as i mentioned above, because i don't have my passport either. Should i call Immigration or airline or embassy to get a coopy at least of my visa...
                            Thanks, it's kind of complicated, ...actually it's not but they are giving me a hard time, and of course they are not going to the the work for me, i understand that, but they not giving me directions either where to go. Once i send my I-102 in that's it....from then on i can only hope they accept is and issue me a copy of my old I -94. That;s why i want to do it right and send in as much evidence as i can.
                            Any help would be greatly appriciated. Thanks, Txgirl. and anyone who has some thoughts.

                            Comment


                            • #15
                              Hi first of all i am new here, I'm from philippines and happily married to an american citizen, i came here for a fiance visa, we got married september 2006 and were supposed to apply for adjustment of status november 2006, my husband preparing all of my papers to adjust my status, we didn't get a lawyer so we have to do everything alone, he make a copy of my passport, K-1 visa, and i-94 card, he make a copy of everything, the next day i went to asian market i brought my passport with my because it is my first time to be in other country i always want to bring identification with me, when i came home i realized that i lost my passport and my I-94 card, we call a police and report it, we make a copy of everything again, I'm glad that at-least there is a xerox copy of my visa and I-94 card, we send all the papers together with the copy of my passport and i-94 card, police report, we request for the replacement of my I-94 card, i don't remember exactly how much is the fee for the replacement of I-94 card, i guess it is about $190, after a month i get a notice from them approving my application, they told me to wait for the schedule of my biometrics, and schedule for the interview of the replacement of I-94 card, and it is also stated on the letter that the replacement of I-94 card can take about 180 days, so until now i am still waiting for it. i report to the philippine embassy right away as soon as i found out i lost my passport, now i got a new passport, and a new surname in it:-)
                              chinita

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