Five Years Overstay Applying for GC.

[Cartagena 0]

Hello,

Here is my situation, I came to this country on a student visa went to school for two years but failed to go back on my third year because of depression and homesickness after that I ended up getting a job illegally to support myself so I moved out of campus and got an apartment.

I met a US Citizen woman and we started dating at that time my visa hadn't expired and I was thinking of going back home but I was fearing I will not be allowed to come back because I dropped out of school, so the girl I was dating suggested that we get married and she will help me obtain a green card. She moved in with me and we lived for a little while when I found out that she was waiting for her divorce to go through (from an immigrant whom she had sponsored just a month before we met). This made me uneasy so I decided to wait for another year in the meantime my visa expired, while living with her she couldn't hold a job and she became increasingly violent and I decided I wasn't going to marry her and I broke the news to her but to my surprise she had decided to get pregnant intentionally believing that I will marry her. We didn't marry but we have a daughter together.

Now I have been married for four months, I met my wife in 2007 and we started dating March 2010, before marrying her I explained the whole situation to her and my decision of wanting (I have a one way air ticket) to go back home but I was afraid that I will never get to see my daughter again so she advised me we should get married, I proposed in December and we got married in January. We have been living together since May 2010.

My concern is my wife is a full time student (she gets student aid) and she works on weekends, and we are in a tight financial situation therefore we can't afford to file for the whole thing i)I was wondering if there was a way I could only apply for EAD so I could get a job and raise the filing fee money for AOS+Biometric and Medical?

ii)My passport that had my visa was stolen and I don't have my visa number where do I obtain this?

Thank You.

[Anh map 2,098]

Hello,

Here is my situation, I came to this country on a student visa went to school for two years but failed to go back on my third year because of depression and homesickness after that I ended up getting a job illegally to support myself so I moved out of campus and got an apartment.

I met a US Citizen woman and we started dating at that time my visa hadn't expired and I was thinking of going back home but I was fearing I will not be allowed to come back because I dropped out of school, so the girl I was dating suggested that we get married and she will help me obtain a green card. She moved in with me and we lived for a little while when I found out that she was waiting for her divorce to go through (from an immigrant whom she had sponsored just a month before we met). This made me uneasy so I decided to wait for another year in the meantime my visa expired, while living with her she couldn't hold a job and she became increasingly violent and I decided I wasn't going to marry her and I broke the news to her but to my surprise she had decided to get pregnant intentionally believing that I will marry her. We didn't marry but we have a daughter together.

Now I have been married for four months, I met my wife in 2007 and we started dating March 2010, before marrying her I explained the whole situation to her and my decision of wanting (I have a one way air ticket) to go back home but I was afraid that I will never get to see my daughter again so she advised me we should get married, I proposed in December and we got married in January. We have been living together since May 2010.

My concern is my wife is a full time student (she gets student aid) and she works on weekends, and we are in a tight financial situation therefore we can't afford to file for the whole thing i)I was wondering if there was a way I could only apply for EAD so I could get a job and raise the filing fee money for AOS+Biometric and Medical?

ii)My passport that had my visa was stolen and I don't have my visa number where do I obtain this?

Thank You.

Being out of status you cannot get EAD. File for adjustment of status and the overstay will be forgiven. Once you have the green card you can legally work.

The school that you attended would likely have the visa information.

[Ryan H 3,812]

The filing fee for a standalone EAD is $380. However, without the proper documentation, the application for it would be denied and you are out the filing fee.

The filing fee for AOS is only the start. Your wife would have to meet the income requirement in order to sponsor your AOS which is 125% of the Federal Poverty Line. If she cannot meet it on her own, she would require a co-sponsor.

As for the lost documentation, I have quoted the State Department:

Request Replacement of a Lost/Stolen Arrival-Departure Record (Form I-94)

Replacement of a lost or stolen Form I-94 falls under the responsibility of Department of Homeland Security (DHS). To file for a replacement I-94, see Application for Replacement/Initial Nonimmigrant Arrival-Departure Document at the DHS, U.S. Citizenship and Immigration Services (USCIS) website and see Arrival-Departure Record at the DHS, Customs and Border Protection (CBP) website.

Report your Passport Lost/Stolen to Your Embassy

Contact the local Embassy or consular section for the country of your citizenship for information on the procedure to replace a lost or stolen passport. Most countries have Internet web sites with contact information.