my spouse anter the country legally from the dom. republic in 2008. we married 2009. he came with a tourist visa and we met.
so , the USCIS did not give my spouse his i-94 back after he filled it at the airport when he last came in.
so do i have to file for a i-102 for a replacement before any other proceedings?
do i have to pay for the fileing fee even though the USCIS themselves MADE THE MISTAKE and did not hand him his i-94 back to him?
now after i file for the i-102
i then file for my spouse's i130 and i-485 together
after that what will be the next step??
Yes. You need proof of lawful entry to file the 485. And you have to pay for the 102.
Yes, you will need to file I-102 to get a replacement of I-94, and if you qualify, you may file a fee waiver request. After that, you will have to petition for your spouse by filing Forms I-130, I-485, and -765, i.e. employment authorization, if you wish. Once everything is filed, he will receive an appointment to take his fingerprints, and then he will be scheduled for an adjustment of status interview, which you will both have to attend. Consult an immigration attorney to help you with filing of adjustment of status package.
Contact immigration attorney Gintare Grigaite at 646-407-2331. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
I agree with my colleagues and you will need the copy of the I-94.
Did your husband receive an entry-stamp on his passport? This can also be used as proof of his legal entry, especially if it is clear. Even still you should apply the I-102 just so you can have the copy of the I-94.
You should consult and/retain the services of an immigration attorney before filing your adjustment of status case.
We have filed many marriage cases where the I-94 was lost and the case was still approved.
Feel free to contact our offices.
Marc Taylor, Esq.
Phone - 888-645-6272
Yes, you need to file form I-102 and pay the filing fee.
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
If there is a legible stamp in his passport, and he still has his passport, he is unlikely to need the i-94 card. I have done several adjustments in this circumstance. Only when the passport has been lost have I filed form I-102 to replace the I-94 card. I would go ahead and file the one-step I-130 and I-485. Read the instructions and questions VERY carefully. It would be helpful to at least have an initial consultation with an attorney to go over anything you are uncertain about.
This general information does not establish any attorney-client relationship. There may well be factors not mentioned in the question which could and should be addressed in an attorney consultation.
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