lost expired I-94

[sankaii 0]

Hello everyone, please help. My wife entered US with BCC visa from Mexico in 2008, and she has been (overstayed) in US ever since. We recently married and I noticed that the I-130 form ask for I-94 number, but she lost it. Do anyone know what I should do? I was thinking about applying for I-102, but she doesn't remember exact date she entered US or the date she received her I-94. Thank you very much for your help.

[Hypnos 6,578]

Was her passport not stamped? That would at least indicate the date.

Filing an I-102 for a replacement I-94 is probably all you can do, and you would need at least some of the details to be able to do that. It will take several months to process the I-102 and issue the replacement I-94, though.

Edited March 4, 2013 by Hypnos

[CC90 90]

When using a BCC, an I-94 is not usually issued, so she probably never had it to begin with. Passports are not stamped typically either.

An I-102 probably won't do you much good. The good news is that they certainly have a record of her entry, but you might get an RFE for a passport stamp or I-94.

If you want to get proof of entry, your best bet is to file a FOIA/PA request with CBP. The problem is that they've been taking about 6-9 months to be processed.

You can try to file with an explanation, but it's kind of up in the air as to how they'll react.

[sankaii 0]

My wife did received a white piece of paper that allows her to stay for 6 months, so I assumed that she did received an I-94. So would they give me her i-94 numbers if i file the i-102? will they deport her if i file the i-102 since she's overstayed?