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Can I file I-102 form for an expired I-94? I need to replace that for applying for a green card with marriage with a US citizen.

Business 7 views 2 answers
I have lost both passport and I-94 that are both expired. I need to get an information before filing a green card application with marriage with a US citizen. Does filing I-102 for expired I-94 raise the flag to USCIS? I am afraid that if I file I-102, USCIS will come get me. I don't know what to do. Should I try to get I-20 form from the school I used to go? Yes, I am overstaying here more than a year and I am about to have a baby here in the States. Please help me and give me some advice. Thanks. I have not married yet, but will do in a couple of months. I also have to apply for renewing a driver's license later this year. I don't have A Number nor I-94 number to fill out on the I-102 form. What do I need to put on those sections along with my nonimmigrant status? If you can also help me with these question, I really appreciate. Thanks.

Attorney Answers

2
Christine Green ·
I don't think you have much to worry about in requesting a replacement I-94. As an immediate relative of a United States citizen, USCIS will waive the time that you overstayed when your spouse petitions for you. Also since you came on a visa through a port of entry, you will be able to adjust status in the United States. It is very unlikely USCIS will notify ICE about your presence, and even if they do you can just adjust status in immigration court based on a bonafide marriage to US citizen. As always, each situation is different, so consult an experienced and knowledgeable immigration attorney to discuss the facts specific to your situation.
0 upvotes
Gerald Goulder ·
Your I-94 is evidence of admission into the US. Provided you have not departed the US since that last legal entry you may file the I-102 with your "Green Card" application. The overstay is not an inadmissibility, provided your petitioner is a USC spouse. Applying for the I-102 does not raise USCIS suspicions. You should have a valid passport with at least 6 months validity remaining at the time of your Interview. You may want to obtain a new passport at this time.
0 upvotes

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