Replacing I94 while Out of Status? Help Please?

ghman

Registered Users (C)
Hi all,

I have a question that maybe someone this board can answer. I did a search but didn't find anything. Here it goes. I am about to file i485 but just realize I can't find my passport or the all-important i94 (I originly entered on a tourist visa but now am out of status). I always guarded those documents with my life but I believe that lost it while we were moving into our new house. I already have my i130 (it was file separately and approved when my wife was a LPR but now she is a citizen.)
Anyway, I see on the uscis.gov that I can file i102 to have it replaced but I am concern because I am out of status so here are my questions:

1. will my application to get it replacement be denied because I am out of status?
2. will this cause them to begin deportation proceedings?
3. Do I need legal help? (Lord knows I can't afford one)?
4. Anyway can I go to my DO and get an immigration officer to get me a copy rather than filling out the form? I figure they have all the info on a computer?
5. Or can I first file my AOS knowing that I will get a RFE just to be protected? Then also go ahead and file the i102.

Hopefully someone can shed some light on this for me or it you have or know anyone in a similair position, you comments are welcome.
 
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