k-1 filing for aos , but lost the visa help help

[long&diep 0]

My fiancee just got here on a k-1 visa, we got married a month ago within the 90 days period. I was getting ready to prepare the paperwork for her OAS. I've searched everywhere and could not find her Vietnam passport along with the k-1 visa inside of it. Luckily we still have her i-94 paper with the stamp. It's because it was ripped out of it's staples and falls apart. So i took it out awhile back. Now she has no Id at all, what should i do, how can i file for her AOS, please please help me

[Bobby+Umit 161]

Check her luggage for the passport - some people tuck it in them when they get to where they are going.

[Darnell 8,478]

Ouch. Did she make any scans of the passport and visa, email that to you?

you know the A#, it's in other documents that you've received.

[long&diep 0]

Ouch. Did she make any scans of the passport and visa, email that to you?

you know the A#, it's in other documents that you've received.

i just checked her Vaccination Documentation worksheet, it has her VN passport number and A#, but i cannot find her vn passport along with her visa, it might got misplaced into a trash can. There's no copies of the passport or visa. Can we still file for AOS with her i-94 paper?

Edited February 4, 2010 by long&diep

[rsn 135]

i just checked her Vaccination Documentation worksheet, it has her VN passport number and A#, but i cannot find her vn passport along with her visa, it might got misplaced into a trash can. There's no copies of the passport or visa. Can we still file for AOS with her i-94 paper?

Go to the nearest Vietnamese embassy and get a new passport.

[long&diep 0]

Go to the nearest Vietnamese embassy and get a new passport.

she is here in the US, there's no Vietnamese embassy here in the US

[rsn 135]

she is here in the US, there's no Vietnamese embassy here in the US

Yes there are, at least 3 of them in fact.

http://vietnam.visahq.com/embassy/United-States/

Edited February 4, 2010 by rsn

[Bobby+Umit 161]

i just checked her Vaccination Documentation worksheet, it has her VN passport number and A#, but i cannot find her vn passport along with her visa, it might got misplaced into a trash can. There's no copies of the passport or visa. Can we still file for AOS with her i-94 paper?

Sadly, the 485 instructions state you need to supply a copy of the non-immigrant visa if issued within the last year with your application.

So you would most likely get an RFE for it.

A new passport will not have the old visa in it.

[long&diep 0]

Sadly, the 485 instructions state you need to supply a copy of the non-immigrant visa if issued within the last year with your application.

So you would most likely get an RFE for it.

A new passport will not have the old visa in it.

so does this mean she cannot apply for AOS? i wish there's another way to solve this

[Bobby+Umit 161]

so does this mean she cannot apply for AOS? i wish there's another way to solve this

No, it means if you send in the 485 now, and they see she came here on a non-immigrant visa - issued within the year of filing the 485, they will most likely send you a RFE for it.

You may want to make an infopass with USCIS and see what they would want you to do.

[Anh map 2,098]

I see 2 things here: missing visa and missing passport

Like brother Bobby said, make an InfoPass appointment to talk with an immigration official face to face. Phone calls to the (mis)information line won't work. This will give you the proper info to answer the missing visa and AOS question.

Following rsn's advice, you need to contact the Vietnam embassy to obtain another passport for your wife. Here is the website for the embassy in Washington, DC >> http://www.vietnamembassy.us/ Phone: 202.861.0737