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Unbelievably Bad Luck

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  • Unbelievably Bad Luck

    Hi Guys,

    I am in the process of filing an I-130 and I-485 together to Adjust my Status, I entered the US in 08 on a Visa Waiver, with the intention of visiting a friend who is now my wife. after a long romance I had overstayed by about 5 months before we got married in November of 2008 which was shortly before the economy went to hell, to keep my wife's business running we needed to use all the money we had in savings to file my immigration papers. she has an insurance agency and long story short it took us over a year to get back on our feet, I spent most of my time looking after my 13 year old step daughter and helping out in what ever other ways I could. We are ready to file the papers and I had diligently kept my I-94W this entire time after we found out (post marriage) that it would be needed for my immigration.

    This is where my luck runs out, about 3 months ago My passport got washed in my Jeans, as I had been carrying it around as a secondary proof of identity (with my Australian DL) and had simply forgotten to remove it before they went in. And now the unbelievable has happened, My I-94W is nowhere to be found, (possibly washed? although I can't believe i would have had it in my pocket) I have spent the last 24 hours scouring the house and my wife's office looking for it, it simply is not here, and upon reviewing my passport in detail for the first time since its wash, the stamps from my entry to the us have actually washed out?! I couldn't believe it, the exit from Australia stamp is totally fine, but only a faint outline of my entry stamp can be seen when held up to the light but nothing more, other than the little ut pen flick of the customs officer who allowed me entry and the Visa waiver number that it replaced (I originally entered and in the first 2 weeks of stay took a trip to Mexico and returned, I was issued another I-94w at this port) , So I am left in a very precarious position, I have no I-94w number nor any physical evidence to prove I entered the country legally.

    I do have an Electronic Australian passport, is it possible my entry was recorded elsewhere?

    Is there recourse for obtaining a lost I-94w for immigration purposes after the fact? I can't believe in one fell swoop all proof of my entry to the country could have been erased,

    And before anyone says; yes I know i should have made copies, but that is of no use to me now, it's not the sort of thing you think about when you have the originals within arms reach.

    Thanks very much for any help you can provide, We just want to get this process started we have too much else to think about to have to worry about being separated uncontrollably.

    -Rhys
    Last edited by Reisz; 09-04-2010, 01:18 PM.

  • #2
    Originally posted by Reisz View Post
    Hi Guys,

    I am in the process of filing an I-130 and I-485 together to Adjust my Status, I entered the US in 08 on a Visa Waiver, with the intention of visiting a friend who is now my wife. after a long romance I had overstayed by about 5 months before we got married in November of 2008 which was shortly before the economy went to hell, to keep my wife's business running we needed to use all the money we had in savings to file my immigration papers. she has an insurance agency and long story short it took us over a year to get back on our feet, I spent most of my time looking after my 13 year old step daughter and helping out in what ever other ways I could. We are ready to file the papers and I had diligently kept my I-94W this entire time after we found out (post marriage) that it would be needed for my immigration.

    This is where my luck runs out, about 3 months ago My passport got washed in my Jeans, as I had been carrying it around as a secondary proof of identity (with my Australian DL) and had simply forgotten to remove it before they went in. And now the unbelievable has happened, My I-94W is nowhere to be found, (possibly washed? although I can't believe i would have had it in my pocket) I have spent the last 24 hours scouring the house and my wife's office looking for it, it simply is not here, and upon reviewing my passport in detail for the first time since its wash, the stamps from my entry to the us have actually washed out?! I couldn't believe it, the exit from Australia stamp is totally fine, but only a faint outline of my entry stamp can be seen when held up to the light but nothing more, other than the little ut pen flick of the customs officer who allowed me entry and the Visa waiver number that it replaced (I originally entered and in the first 2 weeks of stay took a trip to Mexico and returned, I was issued another I-94w at this port) , So I am left in a very precarious position, I have no I-94w number nor any physical evidence to prove I entered the country legally.

    I do have an Electronic Australian passport, is it possible my entry was recorded elsewhere?

    Is there recourse for obtaining a lost I-94w for immigration purposes after the fact? I can't believe in one fell swoop all proof of my entry to the country could have been erased,

    And before anyone says; yes I know i should have made copies, but that is of no use to me now, it's not the sort of thing you think about when you have the originals within arms reach.

    Thanks very much for any help you can provide, We just want to get this process started we have too much else to think about to have to worry about being separated uncontrollably.

    -Rhys
    I've hears about people obtaining their I-94's on this forums but for that and your other problems contact an immigration lawyer ASAP.

    Good luck.

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