Marriage filing.. Thanks for your help!!

[needing answers]

Hello, I have a question for anyone who has an answer. I recently married my husband who is an overstay from Mexico. He arrived here in 2001 on a B1/B2 Visa/ Border Crossing Card ("laser Visa"). He graduated high school with me and that's how we met. We are both nursing students in college now. We are about to start his process for a GC,etc. and we couldn't find his I-94 stub that it asks for on the forms. We talked to his dad and he "thinks" that he may have retuned it to someone in 2002 because the date was about to expire and he wanted his son to finish out high school here (little did he know that we would meet and fall in love) But his dad says he really doesn't remember what happened to it and that he has no idea where it is. So now we're married and we have no I-94 to start his paperwork!! HELP so**************...

1) If we file the I-102 for replacement of a lost I-94, what will happen then if it really was turned in (if turning it in is even possible, but you never know what crazy thing could've happened!) ???

2) And can we file the I-102 simultaneously with the I-485,I-130,I-765,etc**************. OR would it be best to WAIT until we find out what happened to the I-94 by filing the I-102 FIRST and getting it's results back? How long would it take to get a replacement?

3) Last question: If it WAS turned in and he stayed here.. #1 would they still give him a replacement of the original so we can use the # on it for filing paperwork; #2 Could he prove that he actually never did leave, could he still file everything as a married to a USC and overstayed?

THANKS FOR ANY ANSWERS

 

[PraetorianXI]

if it was turned in then he lied to USCIS about him returning home and that could cause him to be accused of fraud and deported for good. Get a lawyer and thank his dad...

 

[austriacus]

Well, I wouldn't say "he" lied, more like his father "stole" his I-94, unless of course he directed his father to turn in the I-94. Be sure to state all the facts surrounding this I-94 mistake, including, if you can, that your husband never left the country even though the I-94 was submitted by someone else (maybe against his will/without his knowledge/when he was still a minor?). Of course in this case his father could be accused of immigration fraud.

If the I-94 was turned in, the evidence is against your husband; it would be assumed he left in 2002 and returned illegally some time thereafter. If it was never turned in, it would be assumed he never entered legally at all, so the evidence you need in my unprofessional opinion is that he indeed had an I-94 and that he never left since then (school attendance records, etc?).

I agree with Praetorian to get a lawyer for this one. How old is your husband now? If he's under 18 1/2 he could return to Mexico and return using K-3 or CP without having accumulated enough unlawful presence for an entry bar.