how do I prove?

[DavisGirl72 0]

Guys!Hope somebody can help me.

13 years ago I came to US on J-1 visa as an au pair.I left right on time but I lost my I-94 before I left the country.I came back to US as EWI got married and now I am trying to legalize through my marriage.My big worry is what happen if I wont be able to prove that I did not overstay 12 years ago-will copy of air ticket do the job?I am already in big immigration trouble and I am afraid if they think I overstayed they wont let me file 601 waiver.Anyone with advice?

[Boiler 45,535]

You have to leave and go through Consular Processing, EWI's can not adjust in country. Normally.

[DavisGirl72 0]

Yes thats what I am doing-going through Consular Procesing,my papers are at NVC.I am just afraid that at my interview in us embassy they wont have anything that shows I didnt overstay my J-1 visa and wont let me file 601 waiver!

[canadian_wife 1,822]

You'll need an I601 waiver for the EWI and your illegal presence in the US from your most recent entry. That will be the basis of your denial, NOT your (possible) overstay from your J-1

Good luck

[DavisGirl72 0]

Canadian wife! THANK you so much! I was worried sick about it!Thank you,thank you so much!

[belinda63 3,038]

So you are currently outside the US? You left on time from the au pair job but didn't turn in the I-94? You then entered illegally, got married and left the country again without being caught?

If all this is correct I really wouldn't worry about the missing I-94.

[DavisGirl72 0]

belinda I am still in US,but the rest is exactly as you said!on I2US forum I was advised to have that return plane ticked and any evidence that shows I was living in my home country year after my J-1 expired.Just to be on a safe side I will have that proof !I cannot believe I lost that I-94 12 years ago and now it is haunting me after all those years~

[Deputy Purple 1,294]

Did you disclose your illegal presence (like in the address history on your DS-230)?

If you didn't and USCIS has any evidence of your presence in the US then you can get hit with a lifetime waiverable ban for misrepresentation. At least the EWI cane be overcome.

[DavisGirl72 0]

oh yes I did disclose everything on DS-230,they know about it:)I would not dare to skip such a thing~