Lost Visa!!!

[Logex 0]

I really need some help!! I can't get any good information on this subject!!

My Fiancee Visa was accepted and my Fiancee came here at the Beginning of September. I had been so focused on getting the K-1 Visa package put together and accepted, I didn't put much thought into what came after, I assumed we would get married and that was it.

Well in the meantime my Fiancee Lost her Passport W/ Visa and I-94, (and we never made a copy... no forethought). We did file a police report for the lost passport, but that was all. After we got married I tried to get a SSN for her, and I learned I need to file a change of status.

I filled the form to get a copy of the I-94, and she is getting a new passport rushed though... but I can't seem to figure out how to Obtain a copy of her Visa!

I called USCIS, the US Embassy in Costa Rica, and the State Department, and no one knows or will tell me how to get the Visa copy.

Does anyone know how to handle this? USCIS Says I HAVE TO have the Copy of the Visa sent with the Change of Status, but if I can't get it how is that possible? I know there has to be a solution... I hope that the I-94 will be enough to prove she was here and they can view the Visa with that...

We were married within the 90 day limit, and I am afraid she is going to have to leave me again... ANY Help would be MUCH appreciated!

Thanks!!

[Moomin 292]

Send a copy of the new passport along with copy of replacement I94, NOA2 approval and police report of stolen or lost passport. I'd probably attach a short, written statement too.

Or make an info pass appointment and ask the question there.

The I94 is most important since it shows she entered legally.

Personally, I was so stinking fond of finally getting the K1 visa in passport so I immidiately took a picture of it. Your fiancee wouldn't happen to have done anything like that? Showing the visa on Skype and you taking a screenshot of it?

[Penguin_ie 5,995]

** Moving from K1 to AOS from Family Visa forum ****

[Logex 0]

Thanks for the Reply!

No, she didn't get a picture of it at all... I guess I never even thought it could get lost. I will take your advice and send what I have... The I-94 won't be here in time to send it... I hope they do a request for Evidence, and by that time I have the I-94 Copy and I can send that.

[GrayL 47]

Thanks for the Reply!

No, she didn't get a picture of it at all... I guess I never even thought it could get lost. I will take your advice and send what I have... The I-94 won't be here in time to send it... I hope they do a request for Evidence, and by that time I have the I-94 Copy and I can send that.

I'm sure it happens and there will be contingency plans for these circumstances, after all there's many ways it could be inevitably lost (lost, stolen, fire etc.). Make sure you include a statement explaining this, and also the police report.

Personally though I would wait until you have the I-94 and replacement passport before filing for AOS. I wouldn't like to rely on RFE. Think of it this way:

Officer sees that your I-94, Passport, K-1 Visa is missing: with an explanation of why the K-1 is missing. This is quite a lot of missing information, they could look at this and deny the AOS, based on missing lots of information.

or

Wait a few weeks, and ONLY have the missing K-1, with a written explanation and police report. Your case looks much stronger.

I would wait, you could potentially be denied which would cost another $1070, I don't think it's worth the risk, but that's just me!

Good luck, I think all in all you'll be fine, it happens, and you did the right thing by reporting it to the police and ordering a replacement.

[Logex 0]

They told me that the replacement I-94 would probably take 2 months and I JUST Filed, since her visa expired on the 30th of November, don't we need to file BEFORE the deadline?

[C-ma'am 684]

No, there is no deadline for AOS. The deadline is just to get married.

Her visa expired the minute she set foot in US soil. K1 visas are on-entry-only and they are no longer valid, once they've served its purpose.

While it's advised to file for AOS as soon as possible, you will not have a problem if it takes you a while to file. Just make sure she doesn't get into any trouble with the law and doesn't leave the country.