In general, the spouse of a U.S. citizen who entered the U.S. lawfully and with inspection but then overstayed his/her visa, may nonetheless succeed in applying to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). When someone has lost his/her I-94 card, the USCIS usually will complete the adjustment of status process without it. It will be necessary to identify the date that you entered the U.S., and the stamp in your passport or other evidence should suffice. Upon a complete review of your case, an immigration attorney should be able to tell you whether in your circumstances it might be helpful to file a Freedom of Information Act request or take other steps to try to find the entry date in government records.
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David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
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I do not understand this statement: "I'm not here legally although my visa will expires in oct 2010". If you entered the US with inspection and your authorized period of stay has not expired, the generally means you are here legally. If your authorized stay has been canceled, then it would not matter the date stamped on older documents.
Your best course of action likely is to review your specific facts with your attorney to see what steps you can take or need to take to resolve your legal issues.
There are two potential avenues to obtaining proof that you were inspected and admitted. You should attempt to accomplish one, the other or both prior to filing with USCIS. Hire an experienced immigration attorney to help you with this and the filing.