Lost Passport. Can I still file the AOS?

[genxv 0]

I was on my way back to my home country to renew my passport when somewhere in between Pittsburgh and LA my passport was lost/stolen. It was and still is a complete nightmare because:

1) My student visa stamp was in there

2) My passport has now expired and my new one will take at least 6 months (actually 7 since the only person in the whole U.S who can process my application is on vacation for a month)

3) I am currently on OPT and my status expires on 11/7/2007

4) I recently married my fiancee and was planning to file AOS in early July

Have any of you been in a similar situation? Can I use other documentation to prove my identity? I have my Pennsylvania Driver's License, a Social Security card, my valid EAD card, my I-20, notarized copies of my old passport and visa and amazingly enough my I-94 card which was not attached to the passport. I also have proof of my passport replacement application as well as a police report of the lost/stolen passport.

My biggest concern is that I will not get a replacement passport before my visa status expires. If I am unable to file for an AOS before then, will I need to leave the U.S? What should I do to be able to come back and be with my spouse?

This will be the worst case scenario for me. Ideally, I hoped to file in time to get a new EAD and continue working where I am now. That seems to be the least of my worries for now though.

Please, any advice would be great. Also, if anyone could recommend an excellent immigration lawyer in Pittsburgh and how much it costed you it would be much appreciated. I cannot afford much, but I will find the money to pay. I, like all of you, just want to be with the one I love!

Again, thanks in advance for your help.

[Karly-n-Bruce 0]

Did you come here on a K-1 visa??

It looks to me as though you may have to apply for your passport replacement and wait the 7 months before applying for AOS (which means you'll be hit with the new fees also), but I could be wrong. I've never been in your situation nor have I read anything recently on the boards.

Sorry I couldn't be of any help. Hopefully someone here can give you more information.

[YuAndDan 153]

If you have notarized copies of old passport use that (Make copies and send the copies). As well as copy of Visa, the passport can be expired, but you may attach a note indicating replacement has been ordered.

USCIS requires copies only of all evidence Visa, I94, ect.

Also I believe an I-130 needs to be filed with your I-485 because you entered USA on a visa type like student visa not K-1 or K-3.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2 (AOS guide for other visa types)

Edited June 12, 2007 by YuAndDan

[John & Annie 0]

If you have the passport number and/or copies of the pages, I would recommend filing and including the a copy of the receipt or a letter from your Embassy stating how long it is going to take.

We did not have to submit the passport for AOS, only a copy.

[Dr_LHA 3]

If you have your I-94 and photocopies of your passport you'll be fine. Really the I-94 is the most important thing.

[John & Annie 0]

Do you get an I-94 when here on a Student Visa?

[Silke 1]

Do you get an I-94 when here on a Student Visa?

Yes, as an F1 student you get an I-94.

[Dr_LHA 3]

Do you get an I-94 when here on a Student Visa?

Yes, you get an I-94 on a F-1 visa. Most visas you have to fill in an I-94 for, the only exceptions might be funny visas for Canucks which I'm not familiar with.

[Lance27 19]

No Visa for Canuck students, however I believe they do get an I-94 also.

Do you get an I-94 when here on a Student Visa?

Yes, you get an I-94 on a F-1 visa. Most visas you have to fill in an I-94 for, the only exceptions might be funny visas for Canucks which I'm not familiar with.

[Dr_LHA 3]

No Visa for Canuck students, however I believe they do get an I-94 also.

Yeah, I just didn't want to make a blanket statement that all people with visas get an I-94 because I was sure some smart ####### would come in here with the exception.

[genxv 0]

Thanks everyone for the advice. I'll go ahead and do as suggested and send in copies of my old passport along with a letter explaining my circumstances. Hopefully someone at the USCIS will have pity on me (fingers crossed). I'll keep posting updates.

Any other suggestions and advice are hugely welcome.

Thanks again!

[genxv 0]

Just wanted to add some clarification.

I came here on an F-1 visa as a student and yes both F-1s (students) and J-1s (scholars) receive an I-94 upon entering the U.S.

[John & Annie 0]

Kewl, I had no idea

[genxv 0]

As promised, here's my update.

We filed the I-131, I-485 and I-765 on 7/28/2007 just in time to beat the fee increase. The package was sent to the Chicago Lockbox and arrived on 7/30/2007 (shipped overnight, but the 29th was a Sunday).

I just received my NOA1, the receipt confirming that the USCIS received my application, on 8/24/2007. So far so good. No RFEs yet, even without the passport and I'm waiting for my Biometrics appointment to be scheduled. Fingers crossed, we'll sail through smoothly.

Just found out we're expecting a little one next Spring too, so I absolutely do not want to leave my husband. Wish us luck!

[Jasman0717 9]

You can renew the passport at a consulate office.