This is kind of a two-part question. The I-130 Petition for Alien Relative requires an I-94 form, which my mother (whom I'm filing for) and father believe she never got, so we have to file form I-102. But, on the I-102 form, it asks if you are filing this for another form for adjustment of status. Should I file the I-102 and I-130 form together? Then, would that also mean that I need to just file the I-102, I-130, and I-485 altogether? I was told that the I-130 and I-485 should be filed separately, but the directions on the I-130 form say differently. Any help would be appreciated.
Law Offices of Rajiv S. Khanna, P.C.
Filing I-102 (obtaining I-94 arrival/dep record) with I-130 then I-485?
- Thread starter Illjazz
- Start date
PraetorianXI
Banned
an I-102 is not an I-94. You should get the I-94 to prove legal entry to the USA. Without that you can not file for AOS I-485.
You can file I-130 and I-485 together, in fact, it is preferred to do it that way, saving you 3-6 months of waiting time. But not in this case if you can not provide the I-94.
You can file I-130 and I-485 together, in fact, it is preferred to do it that way, saving you 3-6 months of waiting time. But not in this case if you can not provide the I-94.
File all forms at the same time including the I-102 which is the request for a replacement I-94. But before you do that note that you have to file the I-102 at your regional Service Center (either Vermont, Texas, Nebraska or California, depending on where you live) and the adjustment of status package (I-130, I-485, I-864, I-693, I-765 and I-131) to the Chicago lockbox. Include a copy of your I-102 filing request with EVERY other form that requires an I-94 as supporting evidence, otherwise you will get denied.
Make sure you file your I-102 EXPEDITED. Search the USCIS website for the expedite filing procedure (file by mail and request expedite at the fax number provided on the website by your regional service center, state your reasons for urgency, and they are required to reply within five business days that they grant the expedite procedure or not). I know I-102 expedite works, I have done it myself. Do not give up. I-94 is perhaps the most important piece of your application, as it proves that your mom entered the country legally.
If you make it clear to them that you are in the process of getting the I-94 replacement, the worst that can happen is that you get a RFE. Keep us posted. Good luck to you.
Make sure you file your I-102 EXPEDITED. Search the USCIS website for the expedite filing procedure (file by mail and request expedite at the fax number provided on the website by your regional service center, state your reasons for urgency, and they are required to reply within five business days that they grant the expedite procedure or not). I know I-102 expedite works, I have done it myself. Do not give up. I-94 is perhaps the most important piece of your application, as it proves that your mom entered the country legally.
If you make it clear to them that you are in the process of getting the I-94 replacement, the worst that can happen is that you get a RFE. Keep us posted. Good luck to you.
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PraetorianXI
Banned
RFI = Request for Initial Evidence (USCIS sents you a check list with stuff they require you to send them - that you were suppose to submit with your application in the first place).
RFE = Request for Evidence (USCIS sents you a check list with stuff they want you to send them in ADDITION to all of the documents you already sent - usually because they are not satisfied with the documents you already provided).
RFE = Request for Evidence (USCIS sents you a check list with stuff they want you to send them in ADDITION to all of the documents you already sent - usually because they are not satisfied with the documents you already provided).
I'm not sure if I've found the expedite procedure you are talking about. On the USCIS website, I found "Premium Processing Service" (Form I-907) which costs $1,000 to file and only forms I-129 and I-140 are elgible. Do you have any idea how long it might take for the I-94 to get mailed back to me (I guess I'm really asking how long did it take anybody else on this board since I know it can vary)?
PraetorianXI
Banned
Do you have a stamp on your passport from the POE Officer? Saying for how long your entry was valid?
Rather then giving you the link I'll post the step sequence so you'll know how to do it yourself:
Go to www.uscis.gov
Click on Services and Benefits top left corner of page
Click on Accelerated Processing bottom of page
Click on USCIS Expedite Criteria right corner of page
Read the expedite guidelines and compose a memo arguing why your case fits within the criteria described above.
Search within the Service Center List, based on the state you live in, whether you have to file in Vermont, Nebraska, Texas or California. There are just four Service Centers.
Call 1-800-375-5283 and ask to speak with an immigration officer. The employees who answer that phone in that first place are not immigration officers and often have no clue what they're talking about beyond the general information available to the public on the website. They sometimes give out the wrong information. Ask to be connected with an immigration officer.
Tell the officer what state you live in, confirm that the Service Center you located is correct and ask them how to file I-102 expedited at your respective Service Center. Most likely he will tell you to file by mail, wait a couple of weeks for the I-102 notice of action to arrive in the mail, and then once you have a case number, fax a expedite request to the Service Center to which they are obligated to respond within five business days. The officer will provide the fax number for the Service Center if you ask him nicely. Of course, responding doesn't mean they're going to reply to your fax, but that they're going to take some prompt action in your case, i.e approve or deny the expedite. Wait a week after your fax, then type in your case status online or call the 1-800 number. Hopefully your expedited request will have been approved.
I filed I-102 in 2005 and it took 3 weeks to get a replacement I-94 effectively. Otherwise it takes months. It costs nothing to file expedite. The $1,000 fee is just for accelerated processing, which as you noted yourself is something else.
As for the POE stamp on the passport, it is useful to prove legal entry in the US, but in most cases that stamp doesn't tell your interviewer the authorized length of stay, nor provide your Arrival/Departure Number. This is why it essential to have your original I-94 or a replacement.
Go to www.uscis.gov
Click on Services and Benefits top left corner of page
Click on Accelerated Processing bottom of page
Click on USCIS Expedite Criteria right corner of page
Read the expedite guidelines and compose a memo arguing why your case fits within the criteria described above.
Search within the Service Center List, based on the state you live in, whether you have to file in Vermont, Nebraska, Texas or California. There are just four Service Centers.
Call 1-800-375-5283 and ask to speak with an immigration officer. The employees who answer that phone in that first place are not immigration officers and often have no clue what they're talking about beyond the general information available to the public on the website. They sometimes give out the wrong information. Ask to be connected with an immigration officer.
Tell the officer what state you live in, confirm that the Service Center you located is correct and ask them how to file I-102 expedited at your respective Service Center. Most likely he will tell you to file by mail, wait a couple of weeks for the I-102 notice of action to arrive in the mail, and then once you have a case number, fax a expedite request to the Service Center to which they are obligated to respond within five business days. The officer will provide the fax number for the Service Center if you ask him nicely. Of course, responding doesn't mean they're going to reply to your fax, but that they're going to take some prompt action in your case, i.e approve or deny the expedite. Wait a week after your fax, then type in your case status online or call the 1-800 number. Hopefully your expedited request will have been approved.
I filed I-102 in 2005 and it took 3 weeks to get a replacement I-94 effectively. Otherwise it takes months. It costs nothing to file expedite. The $1,000 fee is just for accelerated processing, which as you noted yourself is something else.
As for the POE stamp on the passport, it is useful to prove legal entry in the US, but in most cases that stamp doesn't tell your interviewer the authorized length of stay, nor provide your Arrival/Departure Number. This is why it essential to have your original I-94 or a replacement.
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I'm planning to file the I-102 today, but whenever I re-read over the form for errors and all that, I come across that part of the I-102 instructions that state: "Not Issued I-94/Extension - Status Change. If you were not issued a 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." I guess this is mainly a question of where I should send the I-102 fee, either to the Nebraska office separately or the Chicago P.O. Box together with all the I-130/I-485 fees, since I'm planning to add a copy of the I-102 form with the I-130 and I-485 anyway.
Also, this may be a dumb question, but is there a need to make separate checks for different forms? I've never seen any specific instructions on that, but have assumed that I can just combine all in one check. Lastly, I just want to thank y'all for such quick replies given that this forum is so massive.
Also, this may be a dumb question, but is there a need to make separate checks for different forms? I've never seen any specific instructions on that, but have assumed that I can just combine all in one check. Lastly, I just want to thank y'all for such quick replies given that this forum is so massive.
PraetorianXI
Banned
Ok so did you or did you not get an I-94? if you came through a POE (Port of Entry) and were inspected by an immigration officer and your passport stamped then you did get a I-94, so follow the directions according to that.
You are not doing a Change of Status technically... your are Adjusting Status... So I do not think this situation applies to you, but I am not %100 sure.
As far as the checks, I would do separate checks (and I did for my application) for each fee (including Biometrics).
You are not doing a Change of Status technically... your are Adjusting Status... So I do not think this situation applies to you, but I am not %100 sure.
As far as the checks, I would do separate checks (and I did for my application) for each fee (including Biometrics).
Honestly, we do not know if my mother got an I-94. Because my father, who handled most of that stuff, skated out on us when I was younger, we would never be able to find that stuff if my mother did. There is a stamp on the Passport and there was an inspection. Does anyone know for sure that Changing Status is different from Adjustment of Status?
PraetorianXI
Banned
I DO know that it is Different, what I do not know is if this will apply to you or not.
Illjazz, you are not filing Extension/Change of Status for your mom, that's Form I-539 and she has NO business with that whatsoever as it will not give her GC even if she were qualified to file, which I doubt. You are filing Adjustment of Status to Lawful Permanent Resident for your mom, Form I-485 as an immediate relative - the parent of a U.S. citizen over 21 (hopefully that's you).
I would personally file I-102 first to Nebraska, give it a couple of weeks to ensure the check was cashed and you get NoA, then send a copy of the NoA and a copy of your I-102 application to Chicago. But do call the USCIS 1-800 number and ask to speak with an immigration officer (again, not with the first operator who picks up the phone). It is their job to guide you better than we can here.
The stamp on the passport proves your mom entered with inspection, which in itself is good. Now I understand from your story that may have occurred many years ago when you were little (correct? I am a bit confused). In that case (if it goes too far back) the USCIS may not be able to issue her a replacement I-94. If she did not leave the country ever since, she has not triggered a 3 year or 10 year bar, technically she should be able to adjust fine as she is the immediate relative of a U.S. citizen, but I would suggest bring a lawyer to accompany you to the interview just to ensure things run smoothly.
I would personally file I-102 first to Nebraska, give it a couple of weeks to ensure the check was cashed and you get NoA, then send a copy of the NoA and a copy of your I-102 application to Chicago. But do call the USCIS 1-800 number and ask to speak with an immigration officer (again, not with the first operator who picks up the phone). It is their job to guide you better than we can here.
The stamp on the passport proves your mom entered with inspection, which in itself is good. Now I understand from your story that may have occurred many years ago when you were little (correct? I am a bit confused). In that case (if it goes too far back) the USCIS may not be able to issue her a replacement I-94. If she did not leave the country ever since, she has not triggered a 3 year or 10 year bar, technically she should be able to adjust fine as she is the immediate relative of a U.S. citizen, but I would suggest bring a lawyer to accompany you to the interview just to ensure things run smoothly.
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