Form I-485, issues with the I-94 information

[Ennovi]

Hi everyone,

I married a USC, we are planning on filling all the necessary forms (I-130, I-485, etc.) However, we have encountered a problem.

I arrived to the US in 1994 with a visitor's visa (B2) in Laredo, TX when I was 6 years old. My parents were permanent residents. In Laredo in 94, it was common for officials to let people through easily. My passport was not stamped and I did not get an I-94.

Would an affidavit explaining this situation be enough when filing the I-485? Or do I have to go ahead and pay the $1000 penalty and fill out the I-485 Supplement A form?

Thank you for your help,
Ennovi

[PraetorianXI]

The $ 1,000 fine does not apply to you... read on I-485A...

You will need a whole lot more than an affidavit to prove legal entry.

[Ennovi]

Sorry about that. I learned later in the afternoon that the section 245(i) does not apply to me. Does anything change if my sister (a US citizen) filed a petition for me in 2000? Is there any way I can use that previous petition to my advantage now?

What kinds of things would be helpful to prove legal entry? I only have the visa.

Thanks for your help.

[PraetorianXI]

If you meet the other conditions for 245(i) then you could only use that petition... but I believe you would have to wait for THAT petition's visa number to become available... in about 10 years...

A stamp on your parents passport may help?

[Ennovi]

Do you know if I can get an I-94 now if I never received one using Form I-102?
Unfortunately, my parents don't have a passport stamp.

Thanks for your help.