to Txgirl

[csunkala]

Hi,
Thanks for your input. So, it's a little confusing for me, I'll try to simplify and tell you what's going on.
I'd like to get married to my boyfriend I LOVE and start a normal life. I've been in this country over 5 years now. I got my J1 visa - for a year, i didn't return home so I'm overstayed.
I lost my passport with the I-94 in it a little after i came here, and i didn't take care of it then, i know i should have but a lot was going on in my life at that time. anyway, both my lawyer and the form I -102 say that if i don't have my passport (the one i lost not just the I -94 than i have to give a full explanation as to how i lost it and gather as much documents as i can that proves my legal entry. And why i need that? Because if i don't have it i can't have an immigration interview, and can't get any of the benefits until i prove that i came here legally. I certainly can get married , but for me the question is, can i get married WITHOUT filing any petition until i get my replacement for i -94???? WHat my lawyer also said is that she doesn't recommend to file for all those petitions until i get approved for I-94 otherwise at the immigration interview they can easily say that they think i came here illegaly and kick me out. which obviously is not an option for me.
So my questions are:
1. Can i get married WITHOUT filing for I-130 and whatever people file for....
2. CAn i just stay married and do nothing about petitions until i get my approval for i-94
3. Or is I-130 and I -485 mendatory once i get married, and must file for those or do they give me a time frame? or is it totally up to me when i start filing these???
4. Any suggestion where should i start getting infromation about my lost I-94? Filling out I-102 is not enough as i mentioned above, because i don't have my passport either. Should i call Immigration or airline or embassy to get a coopy at least of my visa...
Thanks, it's kind of complicated, ...actually it's not but they are giving me a hard time, and of course they are not going to the the work for me, i understand that, but they not giving me directions either where to go. Once i send my I-102 in that's it....from then on i can only hope they accept is and issue me a copy of my old I -94. That;s why i want to do it right and send in as much evidence as i can.
Any help would be greatly appriciated. Thanks, Txgirl. and anyone who has some thoughts.

[csunkala]

Hi,
Thanks for your input. So, it's a little confusing for me, I'll try to simplify and tell you what's going on.
I'd like to get married to my boyfriend I LOVE and start a normal life. I've been in this country over 5 years now. I got my J1 visa - for a year, i didn't return home so I'm overstayed.
I lost my passport with the I-94 in it a little after i came here, and i didn't take care of it then, i know i should have but a lot was going on in my life at that time. anyway, both my lawyer and the form I -102 say that if i don't have my passport (the one i lost not just the I -94 than i have to give a full explanation as to how i lost it and gather as much documents as i can that proves my legal entry. And why i need that? Because if i don't have it i can't have an immigration interview, and can't get any of the benefits until i prove that i came here legally. I certainly can get married , but for me the question is, can i get married WITHOUT filing any petition until i get my replacement for i -94???? WHat my lawyer also said is that she doesn't recommend to file for all those petitions until i get approved for I-94 otherwise at the immigration interview they can easily say that they think i came here illegaly and kick me out. which obviously is not an option for me.
So my questions are:
1. Can i get married WITHOUT filing for I-130 and whatever people file for....
2. CAn i just stay married and do nothing about petitions until i get my approval for i-94
3. Or is I-130 and I -485 mendatory once i get married, and must file for those or do they give me a time frame? or is it totally up to me when i start filing these???
4. Any suggestion where should i start getting infromation about my lost I-94? Filling out I-102 is not enough as i mentioned above, because i don't have my passport either. Should i call Immigration or airline or embassy to get a coopy at least of my visa...
Thanks, it's kind of complicated, ...actually it's not but they are giving me a hard time, and of course they are not going to the the work for me, i understand that, but they not giving me directions either where to go. Once i send my I-102 in that's it....from then on i can only hope they accept is and issue me a copy of my old I -94. That;s why i want to do it right and send in as much evidence as i can.
Any help would be greatly appriciated. Thanks, Txgirl. and anyone who has some thoughts.

[txgirl]

Hi Csunkala. I think you would need to find yourself the best and most experienced lawyer because there is a risk that you may be deported.

Since you are an overstaying alien, I suggest that you do not file the I-102 because you are putting yourself at risk for removal proceedings if that application is denied.

They said there is a way that you can get a relief from deportation, called "Cancellation of Removal," and this requires that
1. you be continuously physically present in the US for 10 years before the USCIS initiate removal proceedings
2. that you are a person of good moral character, and
3. raises the level of hardship which is required, and does not consider hardship to you, only to your qualifying relatives.

You need to find a better lawyer than who you have right now.

The answers to your questions are:
1. Yes
2. Yes, but do not file I-102
3. No
4. Get the best lawyer

[csunkala]

Dear Txgirl,
I'm so thankful for your time and honest answers.
It seems like, just because i lost my passport with all the important information in it, i can easily be deported, just because they ask me to do all the work, gather all the information, and if that's not enough for them, then what is??? I'm sure i am in the system, wouldn't it be easier for them to look it up, to see themselves that i came here legally!!! Why would they deny my case when both of us know, them and me that i came here legally????????
I-102 is the form i have to fill out in order to get my I-94 replaced, how else will I be able to get a replacement and a proof of my legal entry then??
How can they deport someone if i did come here legally and would like to get married? It doesn't make any sense, if i hadn't lost my passport and i-94 then everything would be ok??
Immigration have to have some common sense and look into my case deeper and not just brush it off and decide upon their instinct. how else can i proove i came here legally ??
Sorry, Txgirl, i'm just so furious and this whole situation is so frustrating. Im not throwing all these questions at you but if u can answer any i would be more than happy, you seem to know a lot , at least more than i do. thanks.

[txgirl]

Hi Csunkala, this is not to upset you or anything, but I feel that you are in denial about your situation.

This is what I think -- while it may be true that you entered the US legally, you still cannot deny the fact that you are now staying in the US illegally as your authorized stay in the US expired more than five years ago. The USCIS just might send you a notice of removal and deport you if they find out about your whereabouts!

It is up to you if you want to file the I-102, nobody is forcing you not to -- the decision is in your hands.