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  • Question about Missing i94

    Hi all,

    I have a question that maybe someone this board can answer. I did a search but didn't find anything. Here it goes. I am about to file i485 but just realize I can't find my passport or the all-important i94 (I originly entered on a tourist visa but now am out of status). I always guarded those documents with my life but I believe that lost it while we were moving into our new house. I already have my i130 (it was file separately and approved when my wife was a LPR but now she is a citizen.)
    Anyway, I see on the uscis.gov that I can file i102 to have it replaced but I am concern because I am out of status so here are my questions:

    1. will my application to get it replacement be denied because I am out of status?
    2. will this cause them to begin deportation proceedings?
    3. Do I need legal help? (Lord knows I can't afford one)?
    4. Anyway can I go to my DO and get an immigration officer to get me a copy rather than filling out the form? I figure they have all the info on a computer?
    5. Or can I first file my AOS knowing that I will get a RFE just to be protected? Then also go ahead and file the i102.

  • #2
    Hi all,

    I have a question that maybe someone this board can answer. I did a search but didn't find anything. Here it goes. I am about to file i485 but just realize I can't find my passport or the all-important i94 (I originly entered on a tourist visa but now am out of status). I always guarded those documents with my life but I believe that lost it while we were moving into our new house. I already have my i130 (it was file separately and approved when my wife was a LPR but now she is a citizen.)
    Anyway, I see on the uscis.gov that I can file i102 to have it replaced but I am concern because I am out of status so here are my questions:

    1. will my application to get it replacement be denied because I am out of status?
    2. will this cause them to begin deportation proceedings?
    3. Do I need legal help? (Lord knows I can't afford one)?
    4. Anyway can I go to my DO and get an immigration officer to get me a copy rather than filling out the form? I figure they have all the info on a computer?
    5. Or can I first file my AOS knowing that I will get a RFE just to be protected? Then also go ahead and file the i102.

    Comment


    • #3
      ok not so easy,especially as u want to do it without a lawyer, so lets see if enough can help u.

      You said u applied for a i130 and it has been approved so how can u be out of status?

      You need to file the i102 ASAP!! You need a copy of the I94 to be able to fill out the paperwork. No u will not get a denial on the replacement because u are out of status.

      You need a passport! Try and fill out the forms and get them sent so u can get a replacement.

      if ur i130 is approved they cannot start deportation proceedings. And if they do and ur not a threat to anyone u will be put under supervision giving u enough time to refile!

      There are places where u can get very cheap help, a first consulation if u think it would help u. However ur saying u only need ur I94 and passport. This part u can do on ur own.

      no u cant go to the office and get a immi officer to get u one. U need to fill out the form and pay the fee required.

      If u file an incomplete i485 u will probably get it rejected. although i am sure after a i130 isnt there a time limit on the AOS??? maybe someone else can answer this. If so then probably file with a covering letter copying ur application of the i102 and the replacement passport application and tell them u will send them the missing info. You have a A# from ur I130.

      Comment


      • #4
        Thanks ntfd3, my wife was an LPR when we filed the i130 and it was approved. At that time, I couldn't file i485 till she became a citizen which was recently.

        ok, that is good to know. i was just worried that they might start deportation procedures even with an approved I130.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ntfd3:
          You said u applied for a i130 and it has been approved so how can u be out of status? </div></BLOCKQUOTE>

          Approved I-130 does NOT give the beneficiary a status.

          Afaf, I think asking for a replacement of I-94 wan't trigger any other USCIS action (starting deportation or similar).

          Find out how long it may take to get the copy of I-94. If it takes long, I would do what ntfd3 says: send I-485 with the copy of I-102.
          There could be a problem if you, after sending I-485 without I-94, get RFE for I-94 and 30 days to respond, and you don't have the copy yet.

          Comment


          • #6
            as long as u dont sit on the RFE and respond even to tell them u are waiting still for a copy of the I94 at least u are doing something. Send everything CERTIFIED POST!! and dont lose any copies of anything. And dont wait till the time limit is up, reply as soon as u get the letter if u do get one.

            Comment


            • #7
              another winner! he apparently "lost" these documents, but, we should all help him and waste our resources on yet another liar who "entered my country as a TOURIST" and never left.
              to Rambo and every damm illegal alien in the U.S. GET THE HELL OUT OF HERE!!! Your own countries are supposed to support you, THEY have an OBLIGATION with you, not us, when will you get it thru your sick skulls. We have MILLIONS of people who SHOULD

              Comment

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