over stayed visa now married to USC

[mhhouston]

My wife has over stayed her visa by about 3 years. She was previously married but it did not last more than 6 months and no attempt was ever made at a status change. We are now married and wanting to get her residency. Her passport and i-94 where lost in an apartment fire so they are not available. Where can we get a copy of her original i-94? she knows the port and date of entry. Also will her passport be asked for during this process? I read over some of the things needed to apply for a status change such as pictures etc. I recently purchased a new home but only my name is on the mortgage for fear that her immigration status may have hindered the loan process. We have a joint bank accout for over a year before we where married and many pictures together but the living situation isnt looking good. Her DL does not expire untill july of 2013 so she can change the address on her DL to match the new house and mine. Im sure that would help. Anyways we are young in love and looking for help. I plan to do the paper work myself as i am quite good at it and am looking for as much information as i can get. Thank you for looking!

JULY wedding in houston! HOT!

 

[mhhouston]

her visa was a student one if that matters

 

[easteuropean]

her visa was a student one if that matters

If she can prove she has been in the country illegally for under 180 days, then everything is fine. - file for I-130 and I-485 and prove the marriage is genuine. The key thing is finding documentation to prove when she entered and how long she was illegal.

If USCIS believes she has been in the country between 180 days and 1 year, there is a 3 year bar for inadmissibility; for over a year, the bar becomes 10 years. There's a way to apply for waiver of the bar, if a US citizen will suffer extreme hardship. Form I-601

 

[mhhouston]

If she can prove she has been in the country illegally for under 180 days, then everything is fine. - file for I-130 and I-485 and prove the marriage is genuine. The key thing is finding documentation to prove when she entered and how long she was illegal.

If USCIS believes she has been in the country between 180 days and 1 year, there is a 3 year bar for inadmissibility; for over a year, the bar becomes 10 years. There's a way to apply for waiver of the bar, if a US citizen will suffer extreme hardship. Form I-601

Im not sure you read the post correctly. Her visa has been expired for longer than 180 days almost 3 years now. She is still in the country and has not left. We are currently livng together in our new home.

 

[ananga73]

Yes change that DL address to your new address. No need to put her name on the house title, can be a hassle. Keep evidence of mail she has received at the address.You can either file for a renewal I-94 or file an FOIA which will provide her I-94 information. Yes her passport will be asked for so even if the old one is destroyed, it is advisable she get a new passport from her country consulate. Did she make copies of her passport/visa for her records? That would solve your problems.

FOIA
http://www.uscis.gov/portal/site/us...toid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD

Pictures are good however joint financial documents are given more weight. Life insurance with each other as beneficiaries, joint car insurance, etc. Yes they can put her on your insurance even without a social security number. Try to get as much documents as you can. See below for

Recommended Documents
http://forums.immigration.com/showthread.php?288201-How-to-Apply-for-a-Green-Card-Do-it-Yourself

How did your wife reenter the USA after her visit to Honduras through Mexico? Did she return with the same old students visa? How long was she away? If she returned on the students visa, did she enroll in school? If she did not then she committed immigration fraud in which case better see an attorney.

PS: I read a few of your old posts where it appeared that you might be considering being less than truthful with her application. If that is the case, I will advise you not take that chance, can put you in a world of hurt. USCIS keeps extensive records although they may be scattered about and not centrally located. If they smell fraud and decide to tighten the screws on you, they are able to gather that info.

My wife has over stayed her visa by about 3 years. She was previously married but it did not last more than 6 months and no attempt was ever made at a status change. We are now married and wanting to get her residency. Her passport and i-94 where lost in an apartment fire so they are not available. Where can we get a copy of her original i-94? she knows the port and date of entry. Also will her passport be asked for during this process? I read over some of the things needed to apply for a status change such as pictures etc. I recently purchased a new home but only my name is on the mortgage for fear that her immigration status may have hindered the loan process. We have a joint bank accout for over a year before we where married and many pictures together but the living situation isnt looking good. Her DL does not expire untill july of 2013 so she can change the address on her DL to match the new house and mine. Im sure that would help. Anyways we are young in love and looking for help. I plan to do the paper work myself as i am quite good at it and am looking for as much information as i can get. Thank you for looking!

JULY wedding in houston! HOT!

 

[mhhouston]

Yes change that DL address to your new address. No need to put her name on the house title, can be a hassle. Keep evidence of mail she has received at the address.You can either file for a renewal I-94 or file an FOIA which will provide her I-94 information. Yes her passport will be asked for so even if the old one is destroyed, it is advisable she get a new passport from her country consulate. Did she make copies of her passport/visa for her records? That would solve your problems.

FOIA
http://www.uscis.gov/portal/site/us...toid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD

Pictures are good however joint financial documents are given more weight. Life insurance with each other as beneficiaries, joint car insurance, etc. Yes they can put her on your insurance even without a social security number. Try to get as much documents as you can. See below for

Recommended Documents
http://forums.immigration.com/showthread.php?288201-How-to-Apply-for-a-Green-Card-Do-it-Yourself

How did your wife reenter the USA after her visit to Honduras through Mexico? Did she return with the same old students visa? How long was she away? If she returned on the students visa, did she enroll in school? If she did not then she committed immigration fraud in which case better see an attorney.

PS: I read a few of your old posts where it appeared that you might be considering being less than truthful with her application. If that is the case, I will advise you not take that chance, can put you in a world of hurt. USCIS keeps extensive records although they may be scattered about and not centrally located. If they smell fraud and decide to tighten the screws on you, they are able to gather that info.

she never left the country. A lot of those questions where hypothetical as she might have needed to leave for a family illness. As stated in previous posts I am asking and speaking for quite a few differet people (friends) and there situations so they did/do not all pertain to my situation. I am and will be awnsering and filling all documents truthfully and accurately. The information provided above is truthful and accurate and I would like to gain information pertaining to these questions alone.

On that note, no she does not have copies of her old passport or visa, I read that the copy of the original visa was not necessarily needed the just I-94. I know you can get a copy of the visa relatively easy so I would probably try to get my hands on that to make the application go through easier. Does anyone have a link to where I can get a copy of her I-94 and a copy of the original visa? As far as hard proof is concerned such as pictures, joint bank accounts, auto insurance, health insurance so on and so forth that should not be a problem as we have been living together for awhile and acrewed normal "couple" documemts plus we just purchased a home within the last month. As far as the passport is concerned I'm curious if the application can be sent in with out it? It will take quite awhile to get a renewed one from the consulate and we would like to get the ball rolling now. How does the passport fit into the equation?

 

[ananga73]

I-94

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You're not going to get a copy of the visa from anybody/agency.

You technically do not need a passport, but relying on technicalities can hold you up unnecessarily depending on which interviewer you get. Read the instructions for the I-485 carefully.

Trust me not all USCIS officers are current on information or inclined to go back to read the checklist/instructions. It is in your interest to make their work as easy for them as possible so provide am much of the "standard" documents as you can.

E.g. USCIS is the repository of all immigration documents and should have copies of the I-94, correct? Trying arguing with them on that and see how far it gets you.

Does anyone have a link to where I can get a copy of her I-94 and a copy of the original visa? How does the passport fit into the equation?

 

[Jackolantern]

The college where she studied might have a copy of her I-94 and/or student visa. Contact their International Student Services office (or whatever they call it at that school).

 

[AZUScitizen]

Im in a similar situation.

If she can prove she has been in the country illegally for under 180 days, then everything is fine. - file for I-130 and I-485 and prove the marriage is genuine. The key thing is finding documentation to prove when she entered and how long she was illegal.

If USCIS believes she has been in the country between 180 days and 1 year, there is a 3 year bar for inadmissibility; for over a year, the bar becomes 10 years. There's a way to apply for waiver of the bar, if a US citizen will suffer extreme hardship. Form I-601

Im a U.S Citizen, I applied form my wife's naturalization (I-485) she was denied for almost 3 years of overstay! the thing is she had never stayed that long, she had a tourist visa, and would leave to Mexico at least every 20 days, stay in Mexico for a Weekend and come back. The immigration officer at the interview (June 2011) had us sign a questionnaire stating that she had came in to the United States some time in 2007, and left for about 3 weeks and re entered the US, some time in March of 2011. then gave us a denial for overstay.. He recommended to file I-601, by October xx 2011, so we did, and was also denied (June 2012) because we couldn't prove Extreme hardship.

Now we are stuck. I don't know what we should do, Reapply?
Does she have to leave the country and reapply?
Should I try to gather proof that she traveled outside the US frequently?
Do we have to wait the 10 year inadmissibility bar to pass?

 

[TheRealCanadian]

Please start a new thread.