AOS for overstayed B-1 Diplomat Class Visa

[David & Kezia 25]

Hi everyone!

I haven't been here for a while as I have been busy with work, family and the house, but I need some help again.

I have a distant cousin who just married a US citizen, but her case has a lot of problems:

1. She overstayed for about 9 years on a B-1 Diplomat Class Visa (not sure about this), and we are only guessing this from another cousin of hers who we assume entered with the same visa type. I am doubting this, as B-1 is tourist or business class, D is for crew members, and diplomats and their employees & immediate families are under the A visa.

2. She was religious and sheltered/naive young woman when she came here, and she didn't even want to come, although she had Diplomatic connections then and her family wanted her to stay here so brother hid her passport so that she couldn't go home (and she was homesick and miserable). She finally was able to steal her passport and run away from the brother, but she has already overstayed by then, so she lived in fear and in hiding.

3. She lost her passport within a few months of reacquiring it, but she was able to get a replacement from the Philippine Embassy. However, she doesn't have a copy of her VISA and I-94, and doesn't remember any details except the date of entry and the POE. Neither does she have any of the other documents related to her VISA and trip.

4. A few months ago, she got married to a long-time friend (5 years) who she has also been dating on and off all these years. He is a local celebrity and their relationship is well-documented and well-known by many, so there is no issue on proving the relationship.

5. Although she was overstayed, she has been working here for an agency and she has been paying taxes with her ITIN. She never got a Social Security number though.

My questions are:

1. Should they file for the I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document) so that she can get at least a copy of her I-94, or should they just submit the I-130, I-485, I-765, and the supporting docs, even if she isn't even sure of her visa class and she has no I-94 or passport stamps? Personally, I think they should file for the I-102 at least.

2. Correct me if I'm wrong please. The fee for the I-130 is $420, the I-485 is $1,070 with biometrics, and the I-756 is free if filed concurrently with the I-485. So the total is $1,490? Do they write a separate check for each or just one check?

3. Should they file the I-102 and wait to have it before they file the AOS papers, or should they file them concurrently? The concern if they file it before the AOS, is that they red-flag her for overstaying and get deported. The concern for filing the AOS without the I-94 ready, is they could get an RFE or get rejected outright because she can't prove her legal entry.

4. When can she apply for a Social Security Number in California: today, after filing for AOS, after approval of AOS?

5. She has been paying taxes with her ITIN. How can those taxes be applied to her Social Security for her retirement?

6. When can she change her surname to that of her husband's?

Thanks a lot for all your help!

:-)

Kezia

Edited October 13, 2012 by David & Kezia

[Penguin_ie 5,993]

1. If she has no record of her trip at all (plane tickets, credit card payments), and her family isn;t willing to help her get such then yes, I'd apply for the replacement.

3. I'd wait, otherwise they'll likely get an RFE.

4. As she is not currently legal I would say after AOS is approved.

6. Whenever she wants.

[thinkerlove0212 158]

sounds like there is much more to this story. If on some type of family diplomat visa and in a relationship with a well known person, resources should be available or well qualified attorney in family or government. Something does not add up...just saying. This is more of a do it yourself, laymen and so called average type of self help forum

[_me 4]

My questions are:

1. Should they file for the I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document) so that she can get at least a copy of her I-94, or should they just submit the I-130, I-485, I-765, and the supporting docs, even if she isn't even sure of her visa class and she has no I-94 or passport stamps? Personally, I think they should file for the I-102 at least.

As for the I-102 I have heard that if you do not have proof of entry, USCIS does not give you a copy of your I-94. I was in the same situation so instead I FOIA'd my records with the state and they give you your I-94#, arrival date, POE etc...basically the info on your I-94 in exception of expiry date, then you can file for replacement that way and submit FOIA records as proof of entry. (It takes 3- 6 months though to receive it as it is free).

If someone has filed for I-102 with no evidence of entry and received a copy they can chime in, but I haven't heard of it...I actually read a post from the USCIS about the process of approving the I-102 application (I will have to find the link).