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  • another marriage question

    I came to the US in oct 2001 as a student with a visa.
    The school took longer so I applied for an extention, after about 6 months I recieved a paper asking me to send more informations and proof of my french citizenship with an original document, stupidly I sent my passport. I never heard back from the INS and of course didn't try to find out what was going on.
    I met a guy (american) the first day I got here so I really didn't want to leave.
    It is now over 4 years later, we have a daughter who is turning 2 at the end of the month and about to get married (his divorce finally became final not too long ago, but he was seperated for years).
    We don't have too much money and would like to know if and how can we file for my papers.
    I'm just tired of not being legal here and not be able to have a real job and mostly not being able to go visit my family in France.
    Could anyone tell me exactly what form I need to file (I know there is a few) and how long would it take to get an advance of parole after I started the process.
    Thank you

  • #2
    I came to the US in oct 2001 as a student with a visa.
    The school took longer so I applied for an extention, after about 6 months I recieved a paper asking me to send more informations and proof of my french citizenship with an original document, stupidly I sent my passport. I never heard back from the INS and of course didn't try to find out what was going on.
    I met a guy (american) the first day I got here so I really didn't want to leave.
    It is now over 4 years later, we have a daughter who is turning 2 at the end of the month and about to get married (his divorce finally became final not too long ago, but he was seperated for years).
    We don't have too much money and would like to know if and how can we file for my papers.
    I'm just tired of not being legal here and not be able to have a real job and mostly not being able to go visit my family in France.
    Could anyone tell me exactly what form I need to file (I know there is a few) and how long would it take to get an advance of parole after I started the process.
    Thank you

    Comment


    • #3
      you can file for immigrant status along with employment authorization and adv parole

      you should receive the last two in 45-90 days

      the forms of the top of my head are 864, 765, 130, 485, 131, there are some other background forms that need to along with these

      Comment


      • #4
        Thnak you.
        I saw the form for adjusent of status and it asks for the I-94 number and the dates, my problem is that it was sent to the INS with my passport so I have neither one of them.
        I know I can apply for a new passport at the french consulat but what about the I-94?
        And I also saw on the internet some kits with all the forms and instruction, would that be a good idea to buy one?

        Comment


        • #5
          it wouldnt be a good idea to buy one

          the kits are free on ins's site

          http://uscis.gov/graphics/formsfee/forms/index.htm

          if you have money to spend get a lawyer to do it for you though if you read enough you can do it yourself

          i dont really know of obtaining the i94 number any other way

          you should have a passport since you will need photoccopies of it for submitting your forms and to prove your identity .. i would try to obtain a new one if you have no signs of the other one turning up

          Comment


          • #6
            At the very least, you should've a copy of your I-20 which will have the date and of port entry being stamped on it. Even if you don't, your school International Student Office should still have a copy.

            Comment


            • #7
              Contact immigration and request you passport back - you should have it back. Phone customer service and tell them you want the passport back so you can file. They will tell you what to do and what forms to file. Have no fear.

              Do not buy a kit - do not buy anything. The info is free on the USCIS website and only get a lawyer if you absolutely have to!!

              Comment


              • #8
                I'm kinds of scared to call them and to request my passport (which expired about 2 years ago anyway), can they decide to go after me once they know where I live?
                I went on the website and find some forms but it's a bit confusing on what I need to file and when it needs to be filed.
                I found a catholic immigration association, would it be a good idea to see them for some help?
                Does anyone knows exactly what forms needs to be filed?
                Thank you

                Comment


                • #9
                  Don't ask USCIS for your passport back they won't even begin to know how to find it. If there isn't a form for it then it can't be done. Contact the French consulate and apply for a new one.

                  The thing you have going for you is that you entered as a student. Students are not automatically considered overstays even when they do just that. Buried in the F regulations is a provision that basically says you can only be considered an overstay (and thus subject to the 3 and 10 year bar) only after you are told so by an immigration official(usually a judge or a letter from USCIS).

                  So, once you get your passport you should be able to file an I-130 based on your current marriage.

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