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rollingstone001

Passport stolen before AOS, Overstay questions

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Filed: Timeline

Hi, not sure if i'm posting in the right forum but i've been visiting my fiance in the US since January of this year. We're set to get married this weekend but last week we were robbed at gunpoint and among the stolen items was my passport which of course i'll need for AOS. My time issued has now been expired so while i believe i can get the passport replaced i'm not sure if me overstaying will affect that in anyway.. if anyone has any advice on how we may proceed i'd greatly appreciate it. Thank you

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Filed: Timeline

You don't need a passport for AOS. You need the I-94 from entry and I-94s from the last few years have been electronic (so can't be lost anyway) if you entered by air. You might need the passport number to search for I-94 so hopefully you still have that. The I-485 form also asks for the visa number and consulate of issue of the visa you used to enter, so if you used a visa to enter, hopefully you have that information or else try to get it from the consulate or something.

I am assuming you are marrying a US citizen. If so, it doesn't matter for AOS that you're out of status.

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Filed: Timeline

You don't need a passport for AOS. You need the I-94 from entry and I-94s from the last few years have been electronic (so can't be lost anyway) if you entered by air. You might need the passport number to search for I-94 so hopefully you still have that. The I-485 form also asks for the visa number and consulate of issue of the visa you used to enter, so if you used a visa to enter, hopefully you have that information or else try to get it from the consulate or something.

I am assuming you are marrying a US citizen. If so, it doesn't matter for AOS that you're out of status.

Thanks for your quick response.. I have no current form of photo ID .. will that not be a problem for filing?

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Filed: Timeline

Thanks for your quick response.. I have no current form of photo ID .. will that not be a problem for filing?

I-485 doesn't require a copy of an ID, but I-765 and I-131 do, so maybe you have to wait to apply for those, unless you have a copy of your passport. Also, you will need a photo ID for the biometrics appointment, so try to get a replacement passport by then.

Edited by newacct
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Filed: Timeline

I-485 doesn't require a copy of an ID, but I-765 and I-131 do, so maybe you have to wait to apply for those, unless you have a copy of your passport. Also, you will need a photo ID for the biometrics appointment, so try to get a replacement passport by then.

Will the fact that i've overstayed be an issue in replacing my passport ?

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Filed: Timeline

Will the fact that i've overstayed be an issue in replacing my passport ?

It depends entirely on the country of your passport. Some countries want evidence of legal status in order to ensure that you haven't become a US citizen; in this case you might have trouble. Such countries will generally also accept proof that you have illegal status, or otherwise is not a US citizen, but this can be hard to figure out how to get, as there is no US agency that issues proof that you're illegal or a noncitizen. An I-485 receipt might work though.

Edited by newacct
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Filed: Timeline

It depends entirely on the country of your passport. Some countries want evidence of legal status in order to ensure that you haven't become a US citizen; in this case you might have trouble. Such countries will generally also accept proof that you have illegal status, or otherwise is not a US citizen, but this can be hard to figure out how to get, as there is no US agency that issues proof that you're illegal or a noncitizen. An I-485 receipt might work though.

I'm originally from Jamaica.. Greatly appreciate your advice, Thank you.

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  • 5 months later...
Filed: K-1 Visa Country: Philippines
Timeline

Hi! Same thing happened to my wife. Our car got broken into on our way to the SS office to apply for her SSN. Anyway, Philippine consulate asked for the NOA fro biometric to show proof she's still a filipino cotizen before we could apply for a new passport. Not knowing that we need a passport to gain access to USCIS. So we're thinking if we'd have to reschedule, which sucks because we'd have to wait for how many more days to get her IDSs. She doesnt have ANY LOCAL/US ID since we ddnt get to apply for her social security before the passport go lost. I just wanted to know what happened to your case? You think an affidavit of loss or anything that we can ask the consulate as her proof of identification would suffice?

 

Thank you!

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Filed: Citizen (apr) Country: Ecuador
Timeline

The OP hasn't returned to VJ since the day of the original post.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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