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Filed: Country: United Kingdom
Timeline

I decided to get married in America while visiting my family for the holidays. I got some poor advice from Catholic charities and now seem to be in a bit of a pickle. We got married a couple of months after it expired and are getting the money for the paperwork together. Now Ive gone and lost my bloody passport with the visa stamp in it. I dare not go near Immigration to ask questions as I am currently illegal. Can anyone help?

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from AOS from Family Based Visas to AOS from Work, Student, and Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Filed: Other Country: China
Timeline

First things first, you need to get a passport. That should be done through the UK consulate. http://ukinusa.fco.gov.uk/en/help-for-british-nationals/passports/lost-or-stolen/

Under normal circumstances "out of status" time is forgiven for the spouse of a USC. When did your authorized stay expire? Did you enter on VWP?

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You need to calm down first my brother, there's always a solution as long there's life. Like someone said earlier, you shouldn't have any problem applying for a new passport with your country's consulate without any problem with immigration or whomsoever.

Secondly, after you get your passport, there is a form on the USCIS.gov website that you can file to request your original I-94. You pay the fees and once that is done... there shouldn't be any problem with filing your paperwork because marriage to a USC forgives being "out of status or rather overstays."

Best of luck!


3/21/2012 (Day 0) - I-130, I-485 and I-765 sent.

3/23/2012 (Day 1) - Delivered to USCIS.

3/27/2012 (Day 5) - E-Notification that paperwork received.

3/28/2012 (Day 6) - One check for $1,490 cashed & cleared for I-130 and I-485.

4/02/2012 (Day 11) - NOA hard copies received (x3), case status available online & bio appt. also received, dated 04/12 @ 8:00 AM.

4/10/2012 (Day 19) - Case status online says changed to RFE received.

4/12/2012 (Day 21) - Successful biometric done.

5/11/2012 (Day 50) - Complete RFE (I-864) received. Case status online changed to RFE received.

5/16/2012 (Day 55) - Online case status says: Card/ Document Production.

5/21/2012 (Day 60) - Online case status says: Card picked up by USPS.

5/24/2012 (Day 63) - EAD card in hand.

6/12/2012 (Day 82) - Testing and Interview.

7/12/2012 (Day 112) - Interview date!

7/12/2012 (Day 112) - Approved.

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Filed: Other Country: Brazil
Timeline

You need to apply to get the I-94 .YOU CANNOT submit your Aos without the I-94 copy . It's taking two month for Uscis send you a copy.Go to your Consulate and apply for a new passport. It wont be a problem to get the green card cause you are out of status,just do not leave the Usa until you receive your GC.

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Filed: Country: United Kingdom
Timeline

First things first, you need to get a passport. That should be done through the UK consulate. http://ukinusa.fco.gov.uk/en/help-for-british-nationals/passports/lost-or-stolen/

Under normal circumstances "out of status" time is forgiven for the spouse of a USC. When did your authorized stay expire? Did you enter on VWP?

It expired January 28th. we got married April 21st. I entered on a visitors pass from the UK.

Thank you all, I will get right on that.

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Not anymore.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Country: United Kingdom
Timeline

The person said they had a visa, not entered on VWP.

I decided to get married in America while visiting my family for the holidays.

I entered on a visitors pass from the UK.

I assumed that meant they came on VWP. :unsure:

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The OP said "visa stamp" which I take to mean the entry stamp. I don't think the misuse of this word means that they had a visa. OP - How did you enter the US? DId you enter on the Visa Waiver Program? If you did, then you cannot get a replacement I-94, because you never got one. The onus is on you to prove your legal entry to the US.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Country: United Kingdom
Timeline

The OP said "visa stamp" which I take to mean the entry stamp. I don't think the misuse of this word means that they had a visa. OP - How did you enter the US? DId you enter on the Visa Waiver Program? If you did, then you cannot get a replacement I-94, because you never got one. The onus is on you to prove your legal entry to the US.

The visa stamp could be for anything. :unsure:

I just didn't want them to go trying to apply for an I-94 if they didn't have one to start with.

OP: It would help a lot if we knew what visa you used to enter the country. :)

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Filed: Timeline

Agree with other posters. I'm not sure what you mean by "visitor pass." If you entered with a visa, you need a copy of the I-94. If you entered without a visa (VWP) you never had an I-94.

Did you have a visa printed in your passport with your photo and information on it? Did you physically go to the embassy for a visa interview? If so, you entered on a visa. You'll need your I-94 that was stapled to your passport.

Or.

Did you fill out a form online called "ESTA", paid $14 and got an automated approval, and entered the US without a visa printed in your passport? If so, you entered on the VWP. If so, the record of your entry should (hopefully, in a perfect world) be stored in some mysterious CBP database.

Edited by jaejayC

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Filed: Other Country: China
Timeline

The OP said "visa stamp" which I take to mean the entry stamp. I don't think the misuse of this word means that they had a visa. OP - How did you enter the US? DId you enter on the Visa Waiver Program? If you did, then you cannot get a replacement I-94, because you never got one. The onus is on you to prove your legal entry to the US.

This is interesting to me because I've had this conversation several times and it seems lots of people have different understandings of a visa (both here and abroad).

My understanding of what a visa is has always been: permission to enter and legally stay in a country for a given period of time. They can be granted by different methods depending on citizenship and country, either by advanced application or "visa on entry". For instance when I go to Thailand is simply get on a plane and they stamp a visa in my passport when I arrive but when I go to India I have to apply in advance for my visa. Each blank page of US and Chinese passports are labeled visas and I imagine so are many others. So the point of my ramble is; in my opinion (which very well may be wrong) an entry stamp in a passport is a visa.

:ot2:

So this is why I asked if he entered on VWP (OP said visitor pass and I'm not sure what that is). So if there is no I-94 for a VWP entry I would guess to prove legal entry into the US he would have to go back to CBP to see if there is record of his entry by name or passport number and that ain't something that's gonna happen with just a phone call and an email. But first get a new passport.

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Filed: Timeline

This is interesting to me because I've had this conversation several times and it seems lots of people have different understandings of a visa (both here and abroad).My understanding of what a visa is has always been: permission to enter and legally stay in a country for a given period of time. They can be granted by different methods depending on citizenship and country, either by advanced application or "visa on entry". For instance when I go to Thailand is simply get on a plane and they stamp a visa in my passport when I arrive but when I go to India I have to apply in advance for my visa. Each blank page of US and Chinese passports are labeled visas and I imagine so are many others. So the point of my ramble is; in my opinion (which very well may be wrong) an entry stamp in a passport is a visa. :ot2: So this is why I asked if he entered on VWP (OP said visitor pass and I'm not sure what that is). So if there is no I-94 for a VWP entry I would guess to prove legal entry into the US he would have to go back to CBP to see if there is record of his entry by name or passport number and that ain't something that's gonna happen with just a phone call and an email. But first get a new passport.

I would agree. But to get technical, the US considers a visa a "permission to apply for entry." The VWP used to be strictly show up at the border and ask CBP for entry. No advance notice or visa needed. I guess with ESTA now having to be filled out and approved electronically prior to entry you could call it an electronic visa of sorts.

It's still called "Visa Waiver" nonetheless.

Edited by jaejayC

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