Lost i-94 and passport needed for i-130 and i-485

[jjh832k1 0]

Hello again,

It has been some time since I've posted here, but it is in regard to a past thread that I didn't want to resurrect: http://www.visajourney.com/forums/topic/395668-expired-visas-and-marriage/

The above post has background on my wife's current situation, however there have been new developments as we are finally digging in and getting this process taken care of. As we've begun the process of putting the packet together we've been caught a few snags. Firstly, it turns out that what my wife has as evidence of her legal entrance in the U.S is not a visa or an i-94, it's a Border Crossing Card which I've learned, after some research, is used for 72 hour and only within 25 miles of the border. She is also clearly younger than 11 in the picture so is not from the same time.

Secondly, my wife's Aunt who is clearly not of sound mind has managed to make this process far more difficult for us because, so far as we understand, she took the time to destroyed all legal documents except the ones my wife already had in her possession at the time (her plane ticket, BCC, and Mexican Birth Certificate). That being said, my wife was pretty young when she got here so the exact process of her entry is uncertain, however, the fact that she has a plane ticket seems to indicate that she ought to have an i-94 record and passport somewhere in a database or something.

The problem I found with trying to get hold of the i-94 is two fold. First, on the customs and border protection website you cannot access i-94's before 2011 and even if I could I don't have the passport number to search it out anyway.

I guess what it comes down to are the following questions:

Is there another way of obtaining the i-94 and passport information that I might not know about?

If I cannot obtain this information, what does that do to the process of filing the i-130 and i-485?

Is it possible that if I do not fill out those areas of the form that USCIS will just be able to pull it up themselves, assuming it exists?

Also, somewhat unrelated to the above, if I file the i-130, i-485, and i-765 together do I only have to pay the i-485 fee of $1070? I've seen random posts about this possibly being the case, but nothing conclusive. Thanks so much for any help you can provide! You guys are great.

Edited March 21, 2014 by jjh832k1

[Hypnos 6,576]

The total fee for AoS is $1,070, as you indicate.

You must include proof of lawful entry with the application; if you don't then you will be RFE'd for it, and if you cannot provide it then the application will be denied.

USCIS will not be able to obtain the entry information themselves.

You can file an I-102, seeking a replacement I-94, but will need a significant amount of information for them to be able to find your wife's records. Alternatively, you can file a FOIA request directly with CBP seeking her admission records (http://www.cbp.gov/site-policy-notices/foia). Both of these will likely take several months, and perhaps even a lion's share of a year to be processed. Obviously, the more information you can provide (date of entry, passport number, etc.) the greater the chance that the records can be found.

Ultimately, if you are unable to obtain proof of legal entry then your wife will not be able to successfully AoS.

Edited March 21, 2014 by Hypnos