Expired visa

[Guest01 0]

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?

[Ryan H 3,812]

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

[Operator 1,927]

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?

[United1878 1]

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!

[Sandra G. 5,051]

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.

[Guest01 0]

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.

[rocks 494]

Do you get an I-94 if you travel on the VWP?

[Hypnos 6,576]

Not anymore.

[grrrrreat 109]

Do you get an I-94 if you travel on the VWP?

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

[rocks 494]

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.

[Harpa Timsah 13,258]

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.

[rocks 494]

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.

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.

[jaycali 415]

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 May 24, 2012 by jaejayC

[Operator 1,927]

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.

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.

[jaycali 415]

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. 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 May 24, 2012 by jaejayC