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no I-94 available , family member dropped it off at the border

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Filed: AOS (pnd) Country: Mexico
Timeline

Hi im applying for AOS , my wife is a U.s citizen , i came here on a B1/B2 visa and I-94 on August 2001 , i was 17 at the time. My parents decided that it would be better for me to stay here and go to school and learn english , then i could probably go back to Mexico for better job oportunities. Last time we came here in August we had plans of returning to Monterrey Mexico to visit our family but we ended up not going anymore. My I-94 is missing and my mom can't remember what she did with it , she is thinking that she probably gave it to my grand parents who came here to the US to visit us in December so they could drop it off for us at the mailbox that's at the border crossline before you enter Mexico , this thinking that if we ever decided to go to Monterrey we could ask for re-entry again and they wouldn't find out that we stayed for more than 6 months.

Will this affect my case in anyway ? I have my visa with the stamp of August 2001 but no i-94 available , will USCIS find in their records that i came here in August 2001 and left in December 2001 even though i stayed here and have made a living ever since ?

Im very worried about this situation , we practically have every other requirement and bonafide documents that we need but this is my only doubt before sending the entire package.

Thanks for your attention everyone..

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Filed: Citizen (pnd) Country: France
Timeline
Hi im applying for AOS , my wife is a U.s citizen , i came here on a B1/B2 visa and I-94 on August 2001 , i was 17 at the time. My parents decided that it would be better for me to stay here and go to school and learn english , then i could probably go back to Mexico for better job oportunities. Last time we came here in August we had plans of returning to Monterrey Mexico to visit our family but we ended up not going anymore. My I-94 is missing and my mom can't remember what she did with it , she is thinking that she probably gave it to my grand parents who came here to the US to visit us in December so they could drop it off for us at the mailbox that's at the border crossline before you enter Mexico , this thinking that if we ever decided to go to Monterrey we could ask for re-entry again and they wouldn't find out that we stayed for more than 6 months.

Will this affect my case in anyway ? I have my visa with the stamp of August 2001 but no i-94 available , will USCIS find in their records that i came here in August 2001 and left in December 2001 even though i stayed here and have made a living ever since ?

Im very worried about this situation , we practically have every other requirement and bonafide documents that we need but this is my only doubt before sending the entire package.

Thanks for your attention everyone..

Not quite understanding...you mean that they probably returned the I94 (in the "mailbox" at the border) when they were leaving (as though you were actually leaving) but you stayed in the USA? if so they can question why you did that...I've heard that marriage to a citizen forgives any overstay but in your case knowingly intenting to "get one by them" just so you can stay, i'm not sure what would happen...hope someone has a better answer...FYI they can check your entry records and see that you never actually left...

Greencard (2008):

July 16....AOS mailed;

July 17.......AOS received
July 21.......NOA1 receipt date

July 23.......Check Cashed
July 25.......Received NOA1

July 28.......Received Biometrics appointment
Aug 12.....received RFE notice

Aug 13...Biometrics Appointment

August 19...RFE received, case resumed processing
Oct. 8.........EAD Card production ordered

Oct. 16.......EAD Approval noticed mailed
Oct. 18........EAD in hand (came in mail)
Nov 3.........Interview Notice received in mail
Dec 4.........Interview APPROVED, CRIS email: card production ordered
Dec 9.........Welcome noticed received in mail Dec 9.........card production ordered
Dec 14.......Received greencard in mail

CITIZENSHIP (2014):
May 7...Application mailed out

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Filed: AOS (pnd) Country: Mexico
Timeline

My parents tought that if a relative put our i-94's in the drop box at the border as you drive out to Mexico that we would have a better chance of being able to go to Mexico if we wanted to , and then be able to re-apply to reentry with a new I-94 when coming back to the U.S , that way they wouldn't think that we overstayed.

So basically on record , i left the country when that I-94 was returned but in reallity i stayed here in the U.S ,

does it matter that i was a minor only 17 ? i mean i had no control over what my parents did , i didn't even know what an I-94 until my wife and I started this whole process.

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Filed: Timeline
My parents tought that if a relative put our i-94's in the drop box at the border as you drive out to Mexico that we would have a better chance of being able to go to Mexico if we wanted to , and then be able to re-apply to reentry with a new I-94 when coming back to the U.S , that way they wouldn't think that we overstayed.

So basically on record , i left the country when that I-94 was returned but in reallity i stayed here in the U.S ,

does it matter that i was a minor only 17 ? i mean i had no control over what my parents did , i didn't even know what an I-94 until my wife and I started this whole process.

You should consult a competent immigration attorney -- this issue is too complex to rely on answers from other members.

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Filed: AOS (pnd) Country: Mexico
Timeline

Hey my situation was kinda the same

I came here first time on 2004, I arrived in LAX airport... they stamped my passport and they gave me the I-94 form as well...

I lost that form... since 2 years ago... and I was freaking out too.. because according to the AOS process you need an I-94 to prove legal inspection /entry to the US..

I finally sent my paperwork this past November the 7th.. and guess what!

Mexican citizens as well as Canadians don't need the I-94 form...

My lawyer only sent copy's of my Mexican crossing card (b1/b2/visa laser) and she said that's enough progof of legal entry...

In case things get complicated, you still have proof on your passport.. there should be a stamp there that says for how long your able to stay in the US..

If you have anymore questions hit me up

I do speak Spanish also

good luck

Love timeline!

08-11-06.........Met my love at my friend's party... got my eyes on her :)

10-20-06.........I finally make you mine!!

01-16-08.........Civil Wedding!! .. :))!! Officially married

AOS

11-07-08 ....... Sent AOS package to Chicago

11-11-08.........Packet delivered Yay!! (day 1)

11-20-08.........Money order's cashed!! (day 9)

11-26-08.........NOA'S in the mail dated for the 18th of November (day 15)

12-09-08.........Biometrics done! (day 28)

12-10-08.........I-765, I-485 touched! (day 29)

01-15-08.........EAD card production ordered! AP notice approval sent ! (day 65)

02-24-09.........Interview @ 12:00 pm !! (day 105)

9377.gif

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