Hi everyone I have a problem, Im trying to fill out a form I-
130(petiton), but I don't have a white card from my passport (I guess
it is form I-94 not I-95). In this case i shoud fill out a form I-102 -
Application for Replacement/Initial Nonimmigrant Arrival - Departure
Document. This form has a question about my Current Nonimmigrant
Status, which i don't know what it means, is it my type of visa
or......next questin is..Status expires on....if I don't have I-94 how
can I know when is it expires.......im really lost with this, i guess
they let me stay here 3 months, not sure, my visa is for 10
years,.....im here 7+ over....Shoud i send I-102 and I-130 at the same
time, or I-102 like first and then I-130 itself, someone told me to send
I-485 with I-130 at the same time, before i find out about I-94, Is
there someone who can help me with this matter, T H A N K Y O U very
much for any help.........
Jiri
Kat - 31 Jul 2006 06:12 GMT
Hi Jiri
I recently filed for my papers an was informed by several immigration
attorneys aswell as USCIS directly( local office) that before I could
file any of the forms that if I didnt have my I-94/95 card then I would
have to apply to get a replacement by using the I-102. I put my
Current Nonimmigrant Status as "Out of Status" as I have been in the US
for 10+yrs after my intial stay was allowed. As for when my I-94
expired since I didnt have my card I put my expiration as "Unknown"
You next part you want to know if you can file your I-102 1st an the by
itself I-130 or at either same time...from personally experience I was
informed to send the I-102 in 1st an wait for the response back.
Please keep in mind fill out as much info on the form an be very
specific as I didnt put about how my name had changed 2 since birth as
I have being married 2 now an cause I didnt put the connection of my
name changing with my 1st husband they sent me a RFE(request further
evidence). Go figure like I really wanna remember that part of my
life...lol.
I would also wait till you have the information back from the I-102 an
then file the I-485 an I-130 together when you put the information on
the forms cause I was informed that "If you leave any spaces blank that
you are required to know information about(eg your i-94 expiration date
or what kind of visa you had) then USCIS can send your forms back to
you saying the were incompleted" Oh an by the way I am glad that I did
get the I-102 filled out cause at the time of my interview my
interviewer asked where my I-94 card was an I informed I had a new
passport an lost my original passport an she said well do you have
proof that you entered legally an i pulled out my approved NOA(notice
of action) an she said ok that is great to have.
Keep in mind I am not an attorney just speaking from personal
experience.
Good luck if you need any further assistance please contact me
Kat