Questions about Marriage sponsorship,etc.

[lovingwife]

Hello, I have a question for anyone who has an answer. I recently married my husband who is an overstay from Mexico. He arrived here in 2001 on a B1/B2 Visa/ Border Crossing Card ("laser Visa"). He graduated high school with me and that's how we met. We are both nursing students in college now. We are about to start his process for a GC,etc. and we couldn't find his I-94 stub that it asks for on the forms. We talked to his dad and he "thinks" that he may have retuned it to someone in 2002 because the date was about to expire and he wanted his son to finish out high school here (little did he know that we would meet and fall in love) But his dad says he really doesn't remember what happened to it and that he has no idea where it is. So now we're married and we have no I-94 to start his paperwork!! HELP so **** **** **** **...

1) If we file the I-102 for replacement of a lost I-94, what will happen then if it really was turned in (if turning it in is even possible, but you never know what crazy thing could've happened!) ???

2) And can we file the I-102 simultaneously with the I-485,I-130,I-765,etc **** **** **** **. OR would it be best to WAIT until we find out what happened to the I-94 by filing the I-102 FIRST and getting it's results back? How long would it take to get a replacement?

3) Last question: If it WAS turned in and he stayed here.. #1 would they still give him a replacement of the original so we can use the # on it for filing paperwork; #2 Could he prove that he actually never did leave, could he still file everything as a married to a USC and overstayed?

THANKS FOR ANY ANSWERS

[rosestroup]

If you do not have the I-94, there is a stamp in his passport that he can show as a proof of coming into the united states legally. To aske for replacement of i-94 you must be on status.
If he does not have that stamp, then it will be difficult to adjust status because he will be considered as an illegal. Good luck

[lovingwife]

So you're saying he can't file I-102 if he is overstayed?

[PraetorianXI]

if it was turned in then he lied to USCIS about him returning home and that could cause him to be accused of fraud and deported for good. Get a lawyer and thank his dad...

[lovingwife]

Deported for good??? Why? Isn't there I-601,etc? And we're not for SURE if it wazs turned in.... what will happen if we file I-102? Or can we not because of him being "out of status"?

[PraetorianXI]

If he is only out of status, then yes, you can file for a replacement, and file for AOS once you get the receipt of the I-102.

BUT... If the i-94 was turned in, when he in fact did not leave it could be construed as fraud, and there are NO WAIVERS for committing fraud (lying or concealing information) to USCIS, You are simply deported/banned for life.