Some Questions

[Chronidus 0]

Hi

Im new to these boards but im in need of your wisdom

I entered the US this year in January on the VWP. While here i met someone and we ended up getting married about 70 to 80 days into my trip. I decided I wanted to stay and I contacted USCIS and they were able to send me all the forms i needed to apply for citizenship. While here, i lost my passport which had the i-94w in it. However, i do have the i-94w departure number written down.

Also I was worried about overstaying but according to no more than 8 USCIS representatives. Because I married a US citizen, i am entitled to stay here, past my VW date, without penalty. I will not receive SS or be allowed to work until i file which i cant do right now, (we had to move, due to a domestic dispute between my step-daughter and her live-in boyfriend)

They all said, because I entered the US legally & married a US citizen (unplanned), staying here isnt a problem. What i need to know is the following.

1- I can get a replacement passport but it wont have the i-94w in it. (Does this effect the filing of the i-485)

2- While USCIS say it is ok, can i confirm im allowed to stay?

[Jenn! 918]

I decided I wanted to stay and I contacted USCIS and they were able to send me all the forms i needed to apply for citizenship.

You are applying for permanent residence, not citizenship. As the spouse of a U.S. citizen, you will not qualify to apply for citizenship until you have been a permanent resident for three years.

Have a look at the adjustment of status guide for those who enter on VWP.

http://www.visajourney.com/forums/index.ph...page=i130guide2

I'm not sure about the I-94 issue, but I'm sure some one will know.

Good luck!

[Chronidus 0]

Thanks and yeah, PR is what im looking for right now. So am I allowed to stay here correct.... I mean USCIS think so

[Kez/JWolf 6]

Hi

Im new to these boards but im in need of your wisdom

I entered the US this year in January on the VWP. While here i met someone and we ended up getting married about 70 to 80 days into my trip. I decided I wanted to stay and I contacted USCIS and they were able to send me all the forms i needed to apply for citizenship. While here, i lost my passport which had the i-94w in it. However, i do have the i-94w departure number written down.

Also I was worried about overstaying but according to no more than 8 USCIS representatives. Because I married a US citizen, i am entitled to stay here, past my VW date, without penalty. I will not receive SS or be allowed to work until i file which i cant do right now, (we had to move, due to a domestic dispute between my step-daughter and her live-in boyfriend)

They all said, because I entered the US legally & married a US citizen (unplanned), staying here isnt a problem. What i need to know is the following.

1- I can get a replacement passport but it wont have the i-94w in it. (Does this effect the filing of the i-485)

2- While USCIS say it is ok, can i confirm im allowed to stay?

1. You can get a replacement passport from the British Embassy in Washington DC, sorry dont have the link for their website as I am at work...

You can file for a replacement I-94... you will find the form to apply on the USCIS website, under forms

2. if you entered the US with no intention of getting married and remaining then yes you can file to adjust your status (you are not filing for Citizenship you are filing for Adjustment of Status from VWP to Legal Perminent Resident... You can not apply for Citizenship until 3 years after you have a Greencard) and Yes you can remain in the US while you file the I-485 but do not leave before you have the greencard in your hand or you will be refused entry and will have to file from the UK to come back using a K3 or CR1 visa...

Kez

[Dr_LHA 3]

You need to file I-102 to get a replacement for your lost I-94W.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Boiler 46,312]

After the VWP entry expires you are out of status and deportable.

You are only back in status once you have filed to adjust status and have the Notice of Action, the receipt.

[meauxna 15]

And.. passport is not required in and of itself, for filing AOS (99% sure on that--I know it is not required for the interview--check on filing I-485, but think 'canadians').

[Boiler 46,312]

And.. passport is not required in and of itself, for filing AOS (99% sure on that--I know it is not required for the interview--check on filing I-485, but think 'canadians').

You do not need the Passport.

Can he file without the I-94, or does he need to wait for a duplicate?

Duplicate passport is probably the easiest aspect, and quickest.

Edited April 19, 2007 by Boiler

[meauxna 15]

And.. passport is not required in and of itself, for filing AOS (99% sure on that--I know it is not required for the interview--check on filing I-485, but think 'canadians').

You do not need the Passport.

Can he file without the I-94, or does he need to wait for a duplicate?

Duplicate passport is probably the easiest aspect, and quickest.

One lawyer who doesn't always know what she's talking about says that yes, you need the I-94, but others whose opinions I respect more say that a copy of the I-102 will do fine for the filing (bring I-94 to the interview).

[Chronidus 0]

Thanks for clearing this up for me guys, say does anyone here trust Skiskind

[Chronidus 0]

GOOD NEWS....

I was able to find my passport with the i-94w

phew