If I lost my I-94 card, can my spouse still file an I-130 form on my behalf ?

Question

I am currently out status because I overstayed my visa, but am now married to a US citizen

Please no anti-illegal alien or racist answers. They are not helpful. Plus, you should grow up, don't you think?

Answer 1

THANKS YA CK    MY SENTIMENTS

Answer 2

You should file an I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document) with the USCIS to get a replacement for the I-94.

http://www.uscis.gov/portal/site/uscis/m...

Do you even understand the meaning of the word racist?

Answer 3

With or without an I-94 card, if you entered with a visa, USCIS should be able to look that up. Plus, the visa and your entry stamp should be in your passport. However, you do seem more than a bit defensive here. Why would you tell people to grow up before anyone answers?  

Answer 4

As long as you entered the U.S. legally you are fine. Ask your spouse to file as soon as possible. Good Luck.