basic newbie question

[mayakukla]

could someone please shed some light on these questions?

We are filing a I-485 through marriage by me a US citizen. We just filed the I-102 for replacement of the I-94. She entered through a travel visa that has now expired, but her I-94 is not there. A local law center is handling our case. The goal here to save time and get this process going as fast as possible.

I do not wholly trust the judgment of the center and would some opinions on these questions.

1. The I-102 is currently pending in Vermont where it takes 9 mos right now. We just got it back with a request for more info which we are about to provide. Question is: could we file in a different service center that is processing the I-102 faster??

2. We were told that we could not file the I-102 and the I-485 at the same time. We had to wait for the I-94 to be issued from the I-102 in order to file. Their reasoning was that if the I-485 processes faster than the I-102 application we would be stuck and the I-485 would no go through. Does this make sense to anyone? This reasoning causes a significant delay in the process.

Any help is appreciated.

 

[jupiter07]

could someone please shed some light on these questions?

We are filing a I-485 through marriage by me a US citizen. We just filed the I-102 for replacement of the I-94. She entered through a travel visa that has now expired, but her I-94 is not there. A local law center is handling our case. The goal here to save time and get this process going as fast as possible.

I do not wholly trust the judgment of the center and would some opinions on these questions.

1. The I-102 is currently pending in Vermont where it takes 9 mos right now. We just got it back with a request for more info which we are about to provide. Question is: could we file in a different service center that is processing the I-102 faster??

2. We were told that we could not file the I-102 and the I-485 at the same time. We had to wait for the I-94 to be issued from the I-102 in order to file. Their reasoning was that if the I-485 processes faster than the I-102 application we would be stuck and the I-485 would no go through. Does this make sense to anyone? This reasoning causes a significant delay in the process.

Any help is appreciated.

I didn't have i94 when I filed 485 + all. I filed 102 and 485 concurrently.The instructions said so. We were told that we could not file the I-102 and the I-485 at the same time. - who told you so? Wrong.
My package was rejected (long story) but 1/94 application was not rejected. When I re-filed after several days, I did not have 1/94 but I included a copy of NOA for 102. Wherever I needed to writed I94 no., I indicated -none. When you file 102 with 485, they send it to National BC where it takes 3mnths to process. At one point I was even wondering if it was necessary that I file it, cos I received my EAD b4 the I94. But clearly my package had a bunch of evidence showing why and how I came to this country.

If you have NOA for your 102, file 485 with a copy. Some pple have had interviews without I94, but clearly had a bunch of evidence showing that they entered here legally, to my understanding that's what matters. But I didn't want to risk, so I filed for it anyway. Plus I have my new 194 with no interview date in sight. Sometimes interviews don't come that fast.

 

[mayakukla]

How sure are you that it wasn't rejected because of the I-94 originally? She has lots of proof of entry, her mom has her documents, she also has the airline tickets, passport, and other supporting documents.

I am glad to hear that you can file the I-102 NOA and not wait for the I-94. Thanks for ur help. The question now is:

If she gets an interview and all she has is a I-102 NOA and no I-94, what will the interviewer think? Would a conditional green card still be issued?

anyone else, please chime in with some more opinions, thx again.

I didn't have i94 when I filed 485 + all. I filed 102 and 485 concurrently.The instructions said so. We were told that we could not file the I-102 and the I-485 at the same time. - who told you so? Wrong.
My package was rejected (long story) but 1/94 application was not rejected. When I re-filed after several days, I did not have 1/94 but I included a copy of NOA for 102. Wherever I needed to writed I94 no., I indicated -none. When you file 102 with 485, they send it to National BC where it takes 3mnths to process. At one point I was even wondering if it was necessary that I file it, cos I received my EAD b4 the I94. But clearly my package had a bunch of evidence showing why and how I came to this country.

If you have NOA for your 102, file 485 with a copy. Some pple have had interviews without I94, but clearly had a bunch of evidence showing that they entered here legally, to my understanding that's what matters. But I didn't want to risk, so I filed for it anyway. Plus I have my new 194 with no interview date in sight. Sometimes interviews don't come that fast.

 

[jupiter07]

How sure are you that it wasn't rejected because of the I-94 originally? She has lots of proof of entry, her mom has her documents, she also has the airline tickets, passport, and other supporting documents.

I am glad to hear that you can file the I-102 NOA and not wait for the I-94. Thanks for ur help. The question now is:

If she gets an interview and all she has is a I-102 NOA and no I-94, what will the interviewer think? Would a conditional green card still be issued?

anyone else, please chime in with some more opinions, thx again.

My rejection had nothing to do with 1-94 otherwise it would have been rejected the second time, too, cos I didn't have I94 then. The rejection wasn't of anything I did or did not do. It was just someone at USCIS who didn't know what he/she was doing. They accepted my 102 and 130. Then I received I485 rejected that I file concurrently with 130 or with NOA for 130. Ofcourse I had filed concurrently, so I just sent back 485 with NOA for 130.

 

[mayakukla]

bump for any more experiences

 

[jupiter07]

bump for any more experiences

I realized not many people go thru this cos most have thier I94s. I didn't loose mine. It simply wasn't issued. 102 has instructions, you may want to go over again especially 'where to mail' it says, when filing concurrently with 485, mail to .... It's pretty simple.

 

[mayakukla]

maybe she was never issued one. either way, we are filing the replacement. It looks like we will be filing the I-485 ASAP. The I-102 is processing in Vermont, but I believe the instructions say to file in your local office which will be in NJ. Is that OK, any opinions here before I call the law center??

thanks for your help

I realized not many people go thru this cos most have thier I94s. I didn't loose mine. It simply wasn't issued. 102 has instructions, you may want to go over again especially 'where to mail' it says, when filing concurrently with 485, mail to .... It's pretty simple.

 

[jupiter07]

maybe she was never issued one. either way, we are filing the replacement. It looks like we will be filing the I-485 ASAP. The I-102 is processing in Vermont, but I believe the instructions say to file in your local office which will be in NJ. Is that OK, any opinions here before I call the law center??

thanks for your help

Really????? We may have different 102 forms. This is what the instructions say:
Not Issued Form I-94/Extension - Status Change If you were not issued Form I-94 at admission 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. Call the center, they will tell you the same. Not as complicated as you are making it sound.

 

[mayakukla]

Really????? We may have different 102 forms. This is what the instructions say:
Not Issued Form I-94/Extension - Status Change If you were not issued Form I-94 at admission 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. Call the center, they will tell you the same. Not as complicated as you are making it sound.

I read those same words a couple days when I found the application. But, I am saying is we have filed the I-102 3 mos ago in Vermont Service Center. We are now going to file the I-485 using the I-102 NOA. However, our local office for the I-485 is in NJ but the I-102 has been sitting in Vermont since September. My questions is about the significance of this?