Applying for lost I-94 takes up to 3 months. We don't have that much time to wait to apply for green card? What does she need to do?
I assume that you are a U.S. citizen. If so, then all your wife needs to prove her eligibility for adjustment of status is that she were inspected and admitted into the U.S. Normally a stamp in her passport showing that she was admitted to the U.S. is sufficient to satisfy this requirement. Therefore she should be able to submit a copy of her passport in lieu of her I-94. At the same time she should apply for a replacement of her I-94.
Form I-102 can be filed along with I-130/ I-485. This is assuming you are USC applying for spouse who entered with inspection.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.
I agree with my colleagues
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104