Passport and I-94 stolen

[briones 0]

Hey

My Wife (mexican citizen) and I wanted to do an AOS ( Adjustment of Status ) but have no proof that she came in legally into the country. Her Borde r crosser or passport was stolen by some punks. We did make a police report and never reported to the us immigration office. All This happend in October of 2007. she cam into the country in August of 2007 and her I-94 was approved for 6 month. we got married in AUG 2008 in phoenix az. Did I mention that we live in Phoenix az with Sheriff Joe Arpaio and the new law SB1070 going in effect in july 29 to top it off, lmao. Perfect timing. IS there any possble way to to get copies of those two? I already talked to an immigration attorney Jose Bracamontes in PHX, AZ and said Immigration office wont get you the copies. so pretty much we are screwed. The only way the lawyer said is to go ahead and process the paper work and wait to talk to an immigration officer. If we get denied by the officer we can appeal and talk to an immigration judge more likely he will approved. Lawyer said there is a 75% chance we can get approved. Now we do have a copy of 2 of the 3 passport issue to her. but do not have the copy of the 3 of 3. any input

[Darnell 8,479]

there is record of her crossing on 'that' visa (pardon - K-1 ? K-3 ? I'm confused as to marriage in USA vs Marriage in Mexico, as yer posting in the K-3 forum )

there is passport # issued on her, that passport contains 'that' visa.

OK so far?

The Alien Registration # is IN the NOA-2 document, approval of petition, formletter I-797-C. I hope you have that, or a copy of that.

You need the NOA-2 to adjust from the K-1 or K-3 .

Now - she can get new passport from Mexican Embassy/Consulate in USA.

Why does she have 3 passports, btw ? If all in same name, she can take the latest one (if expired ) and apply for new passport.

Any photocopies of the visa, by any chance ?

IMO, have huge problem on dates - if came into country on K-1 visa in Aug 2007 - as you were supposed to get married within 90 days, regardless of the I-94 expiration date. Unless you've got a typo there, you didn't get married within 90 days, so THAT's a huge problem, bigger than no passport, no I-94.

If came into country on K-3 visa, though - there is 2 year validity / duration, once cross at a POE into the USA.

OK - I'll post some more later, after you've had a chance to come back here, identify which visa she came here, on.

[engineer21 51]

Hey

My Wife (mexican citizen) and I wanted to do an AOS ( Adjustment of Status ) but have no proof that she came in legally into the country. Her Borde r crosser or passport was stolen by some punks. We did make a police report and never reported to the us immigration office. All This happend in October of 2007. she cam into the country in August of 2007 and her I-94 was approved for 6 month. we got married in AUG 2008 in phoenix az. Did I mention that we live in Phoenix az with Sheriff Joe Arpaio and the new law SB1070 going in effect in july 29 to top it off, lmao. Perfect timing. IS there any possble way to to get copies of those two? I already talked to an immigration attorney Jose Bracamontes in PHX, AZ and said Immigration office wont get you the copies. so pretty much we are screwed. The only way the lawyer said is to go ahead and process the paper work and wait to talk to an immigration officer. If we get denied by the officer we can appeal and talk to an immigration judge more likely he will approved. Lawyer said there is a 75% chance we can get approved. Now we do have a copy of 2 of the 3 passport issue to her. but do not have the copy of the 3 of 3. any input

Oooff!! That is very unfortunate:( Does she have a stamped boarding pass or anything else that was also stamped by immigration when she came? Any copies of the passport and/or I-94?

I thought I had it bad because I lost my passport and I-94 too. But at least I have copies and still have other original documents to prove legal entry.

You should look into i-102 form to replace I-94. But it will be tough to do because the forms asks for the lost I-94 number and a copy of it.

Also I am not sure if you can replace an expired I-94.. (I'm assuming your wife's is expired)

So I hope for your wife's sake that she at least has a copy of it somewhere..

I have talked to someone on here who didn't have I-94 and had gone through the whole AOS process.

And this person told me that once the actual interview at the end of AOS process comes around, the IO had the capability to check the system for the I-94.

So as long as your wife was indeed given an I-94, it is in their system somewhere.. But to file for AOS you almost definitely need to have a copy of it and know the I-94 number.

Sorry.. couldn't be of more help.. But good luck whatever you do!!

[pushbrk 13,058]

Hey

My Wife (mexican citizen) and I wanted to do an AOS ( Adjustment of Status ) but have no proof that she came in legally into the country. Her Borde r crosser or passport was stolen by some punks. We did make a police report and never reported to the us immigration office. All This happend in October of 2007. she cam into the country in August of 2007 and her I-94 was approved for 6 month. we got married in AUG 2008 in phoenix az. Did I mention that we live in Phoenix az with Sheriff Joe Arpaio and the new law SB1070 going in effect in july 29 to top it off, lmao. Perfect timing. IS there any possble way to to get copies of those two? I already talked to an immigration attorney Jose Bracamontes in PHX, AZ and said Immigration office wont get you the copies. so pretty much we are screwed. The only way the lawyer said is to go ahead and process the paper work and wait to talk to an immigration officer. If we get denied by the officer we can appeal and talk to an immigration judge more likely he will approved. Lawyer said there is a 75% chance we can get approved. Now we do have a copy of 2 of the 3 passport issue to her. but do not have the copy of the 3 of 3. any input

Sounds like your lawyer knows what to do. If she had a visa, there's a record of it and if she had it, why would anybody conclude she entered the US illegally? Depending on whether the passport was scanned at entry there may be a record of that. Getting a copy of a stolen passport is impossible. What they do is issue a replacement passport.

[briones 0]

She has been living all her life in the usa. What I meant was the 3 passportor border crosser that she has been issues all her life. She cam in with a tourist visa. One when she was a baby, 2nd when she was around 10, and 3rd (which was stolen) when she was 16. Absolutely have no copies at all of I-94 or card. Will an Immigration Officer check the I-94 entry date to confirm that? or will they be punks about it and deny her?

[briones 0]

Aug 2004 Met in high school

Sep 2004 Started dating

Dec 2005 started living together

Jan 2007 Left Usa to Cd Juarez Mx and came in back with I-94

Jun 2007 Left Usa to Cd Juarez Mx and return I-94 issued on Jan 2007

Aug 2007 Came back to USA with I-94

Oct 2007 Passport or border crosser card + I-94 stolen

Aug 2008 Married in Phoenix, Az USA

Aug 2008 Pregnant

Apr 2009 Birth of Jenesis (Our baby)

[briones 0]

oh forgot to mention thank you for all your fast replies. You guys are really helpful

[Darnell 8,479]

oh - she had no K-1 or K-3 visa at all - all was tourist visa.

sheds different light on all, is different 'tack' for resolution.

You posted in the K-3 forum.

*** I'm moving this to 'Adjustment of Status from Work, Student, & Tourist Visas' forum, as that's the thing you need to focus on, not any K-3 visa, at all ***

Good Luck !

Start with 'passport replacement' with Mexican Embassy.

Edited June 13, 2010 by Darnell

[LIFE'SJOURNEY 970]

Since you'll are working with a lawyer, what does he have to say about your wifes illegaly status? BTW, no tourist visa last a life-time. When your wife left in 2007, what did she use for re-entry back into the US? On your own omission you stated that she had a passport or a border crossing card that was stolen, now which one was it. What I am surmising from your posting is that she had a one of those Mexican ID's that are being used to cross the border legally to go shopping she used it to enter into the US, but never left. We can can call it whatever we want to. Nnow if she actually had an visa, then NVC would be able to vouch for that after they had done their re-search based on valid information then everything would be a moot point. Actual, this re-search can be done pior to petitioning for an Adjustment of status, just call the State Dept and they will inform you'll of the process. If she has a passport in hand, she will be able to give them her passport number, which doesn't change no matter how many verus of a passport you have.

My statements are all based on what the OP has posted, so before anyone gets all up-tight, please read his posting carefully.

[briones 0]

one last question. i have a copy of her 2nd issued Border crosser card. Do the Alien number changes when she was issued her 3rd border crosser card? do it remain gthe same or is a new number issued with every passport

[briones 0]

thanks life journey i think thats answers my question

[LIFE'SJOURNEY 970]

First, let stop inter-changing the Border crossing card with passport. They are not the same. I would think her Boder-crossing card A# would stay the same, but since this is an ID that is issued in Mexico, I couldn't say for 100%, the numbers would stay the same.

You needs to be aware that your wife will need a wavier, because she is here illegaly. When she left in 2007 to return to Mexico from her orginial entry at age 2, that null and voided her out-of status status on the visitor visa.

[briones 0]

First, let stop inter-changing the Border crossing card with passport. They are not the same. I would think her Boder-crossing card A# would stay the same, but since this is an ID that is issued in Mexico, I couldn't say for 100%, the numbers would stay the same.

You needs to be aware that your wife will need a wavier, because she is here illegaly. When she left in 2007 to return to Mexico from her orginial entry at age 2, that null and voided her out-of status status on the visitor visa.

Last time she came in legally was in Aug 2007 with I-94 and overstay her visa since then and never left.

[LIFE'SJOURNEY 970]

Last time she came in legally was in Aug 2007 with I-94 and overstay her visa since then and never left.

So, she had a visa in her passport, then yes she came into the US legally. If you are trying to use the Border card as an legal entry into the US, that is not going to work for AOS. The only country that allows using their ID for entry into the US without a passport is Canada. So if she obtained a vistor visa from the US consular, then you can obtain this information from the State Dept using her valid Mexico passport and her A number in the passport.

[briones 0]

So, she had a visa in her passport, then yes she came into the US legally. If you are trying to use the Border card as an legal entry into the US, that is not going to work for AOS. The only country that allows using their ID for entry into the US without a passport is Canada. So if she obtained a vistor visa from the US consular, then you can obtain this information from the State Dept using her valid Mexico passport and her A number in the passport.

Dang man. Nah she never had a mexican passport since that time it wasnt required for entry. Only border crosser. But thanks for all you input man. you really been helpful.