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I-102 form processing time

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by forex_dealer, Mar 25, 2009.

  1. forex_dealer

    forex_dealer Registered Users (C)

    Hello all,
    does anyone know processing time for I-102 forms?I sent in one for my mother as she lost her original one and this is holding the process to file her other forms.
    Also,she is out of status now (overstayed),could this create a problem with obtaining her I-94 form?
    Any feedback would be appreciated.
    thanks.
  2. jupiter07

    jupiter07 Registered Users (C)

    What "other" forms are these? You should have sent 102 with the rest of the forms. You can also send the rest of the forms now with NOA for 102 if you've received it. Typically, 102 takes just as long as EAD, 3mths max. It may be pretty fast since you are applying for a replacement. If you send the forms right now, in the I94 space, just write 'none'. Remember to do a cover letter stating that I94 was lost, a replacement has been applied for, and you have included the NOA to show just that.
  3. forex_dealer

    forex_dealer Registered Users (C)

    well,I thought about it sending the NOA and send it with I-485,I-130 but they will send me RFE anyways,so what good will it do?It will delay the process anyway,no?
    I already have the NOA,received it last week but am reluctant to send it with the other forms.
  4. jupiter07

    jupiter07 Registered Users (C)

    I am telling you the right thing to do from experience but the decision is upto you. But why did you ask then? If you have about 3mths on your hands then wait... but hold on, I thought she was out of status.
    I sent mine with NOA and got no RFE, i.e. as long as you attach the evidence they want.
    Last edited by a moderator: Mar 25, 2009
  5. forex_dealer

    forex_dealer Registered Users (C)

    Thank you,maybe I will go ahead and send the forms with NOA.So you did the same thing and they processed everything?Did you ever get your I-94 form?
    There is also another problem with sending the NOA with other forms,if they request further evidence and give me a deadline, I might not be able to provide her I-94 form,USCIS may deny her application and that's almost $1500 gone in vain,not to mention further compications,sigh.
    thanks
    Last edited by a moderator: Mar 26, 2009
  6. jupiter07

    jupiter07 Registered Users (C)

    I got my 102 around the same time with my EAD. You have two options.. send it or wait. The decision is all yours.
  7. mama2

    mama2 Registered Users (C)

    Hello,

    I have a similar case as Forex Dealer's mom's case. I have lost my 1-94 and my passport and applied for my 1-102. Our lwyer did not advice us to file this before we file AOS package. So, we sent it the same day. AOS package went to the Chicago lockbox and I-102 went to Vermont. I actually received last week RIE (Request for Initial Evidence-i-485) They will put the processing on hold for 87 days until I provide them with my I-94.

    Now my question is, can I just send my I-102 if the 87 is almost due and have not received the I-94 replacement? What if they deny my I-102?
  8. mama2

    mama2 Registered Users (C)

    Oops! I don't see my signature. Hmmm...
  9. jupiter07

    jupiter07 Registered Users (C)

    Your mistake is that your lawyer sent the 102 to the wrong place. If you read 102 instructions it says that if you are filing with AOS, you should send it together with AOS package. Oh! some of these lawyers! 102 is the simplest form ....

    Now the pple at USCIS that received your package, how will they know you came here legally and how will they know you have applied for replacement of 194 if you sent them to different places?

    If you received an NOA for the 102 from Vermont, go ahead and send them a copy and cover letter explaining that you have applied for it. I sent my 102 together with AOS package and they didn't send me an RFE for 485. Infact, EAD came before the new 194. But again, in 87 days you should have your new i94. The problem is that your case will be on hold till then whereas if you sent them all to one place, your 102 will be moving and your 485 will be moving too. Good Luck. And do you really need that lawyer?
    Last edited by a moderator: Apr 2, 2009
  10. mama2

    mama2 Registered Users (C)

    Thanks, Jupiter07! I will send 102 NOA with a cover letter. But in fairness to the lawyer, I've reread the filing instructions of 102 and it doesn't say anywhere that if filing with AOS to send it with the AOS package. Thanks again!
  11. jupiter07

    jupiter07 Registered Users (C)

    Gosh! Your lawyer didn't see it, you didn't see it.... I have it here for you via copy and paste :p:

    If you were not issued a Form I-94 at admission to the U.S., or are filing this application with an application for extension of stay or change of status, file this application where you are filing the accompanying extension of stay or change of status application.
  12. chicagomixed

    chicagomixed Registered Users (C)

    Hi,

    I'm going to apply for green card based on my wife's citizenship and I didn't send the papers yet. My original I-94 got lost a few years ago but I have a copy. Do I need to have to the original or a clear copy is acceptable. I heard that an officer can ask for the original during interview and may not accept a copy. Please help. Thank you.
  13. PR81502

    PR81502 Registered Users (C)

    My spouse had an I-485 interview last month, but did not have the original I-94. It was never returned by USCIS when an I-539 application was filed. The IO asked for the I-539 denial letter we had with us and also we had a copy of the I-94. We were approved.
    Take the advice above and file the I-102 and the I-485 together(same envelope with a cover letter indicating all forms and fees sent in the package and keep a copy of everything sent to USCIS for future reference) and with a copy of the I-94 and a copy of the visa page and the stamp you got in your passport at POE and also the Bio page of your passport. That should be enough proof you entered legally.

    We did not file the I-102 since they never returned the original I-94 and we had proof of filing the I-539.

    Good luck
  14. chicagomixed

    chicagomixed Registered Users (C)

    Thanks PR81502. I've contacted an attorney that helped me with my tourist visa extension a few years ago. He said the he sent the original I-94 to USCIS and it was never returned because they don't do that. My case was denied.
    He also said that at that time when he sent the papers, USCIS required the original to be mailed, which is weird because I thought that they only want copies. Anyways as you see the same happened to my I-94.
    The attorney also said that I don't need to apply for the card replacement with I-102 because USCIS already got it and they should have it for the interview in my file. Any feedback would be appreciated. Thanks in advance.
  15. PR81502

    PR81502 Registered Users (C)

    Do you have a copy of the denial letter for the I-539(extension)? If you don't get a copy from the attorney or the I-797 copy for the extension with the receipt# as proof you filed for an extension. Just make sure you have something to show you applied for an extension and you sent the original copy to USCIS.
    USCIS is famous for losing documents or they getting mixed up in another person's file. So don't count on them having everything in your file. You need to be prepared: a copy of the denial letter or the copy of the I-797 for I-539. That way it is easier for you to prove you entered legally than if you had lost the I-94 of your own doing or it was stolen.
    If you do as we did you should be okay, just explain the situation to the IO at the interview when asked for the I-94.
  16. chicagomixed

    chicagomixed Registered Users (C)

    Fortunately I got a copy of NOA for I-539 as well as the denial letter. Now I'm reading instructions and filling out slowly the whole package of apps. I should send it to USCIS within a month or so and I keep you posted how it goes. Thanks again.

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