PLEASE HELP!!! Anyone with knowledge of Marriage issues

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needing answers

Registered Users (C)
My husband came here around July 2001 when he was 12 on a Visa B1/B2/ BCC and enrolled into school at that time and went throughout high school until he graduated last may. We married dec 10. (he's overstayed his visa but we're married now) Ok here's the tricky part..... his dad took his I-94 (they have the same first and last name) and turned it back in when he left the country.....but my husband NEVER LEFT!!!!!!!!!!!!!!!!!!! So we're about to file all these papers and he doesn't have an I-94!!!!!!!!!!!!!!! Can we prove that he never left by his school records during the time his was turned in????????? There is NO stamp in his passport all he had was his BCC/Visa and that I-94 that got turned back in!!!!!! WHAT DO WE DO???????????????

God Bless You
 
What's a BCC? I find it hard to believe that his passport wasn't stamped, but anyway, there's a way to apply for a substitute I-94, I believe you file I-102 (I'm not sure it matters that the I-94 has expired?). I don't know if the school records would be credible evidence, you first and most importantly have to establish he was properly inspected when he entered the country first, so I don't think school records will matter. How long has he been out of status and how long has it been since his 18th birthday?
 
His dad took his I-94 knowingly?

If he was properly inspected, the stamp at the port of entry should be in his passport does not matter that the passport is expired. That's one of the requirements for the form I-102.
 
Thanks! Would there be any reason that the husband's passport wouldn't be stamped? I'm assuming he would have been out of status for a while (if he's been here for 6 years), but wonder if perhaps he's just turned 18, he may not have accumulated more than 180 days unlawful presence yet and could go back and return using CP or K-3 (which I think would be the safest option if he has no proof of legal entry). Or if let's say they file for AOS before he's accumulated 180 days unlawful presence, would it stop the clock for the 3 and 10 year bars?
 
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