I-94

[Ladylethal 12]

Ok, so 2 years ago when I went to Puerto Rico, my I-94 wasn´t handed back, I put it inside my passport for the girl in the gate to take it, when I got to Rio, I saw that she never did. Now I read that it could maybe be a problem in POE if my exit hasn´t been entered in the system.

I got the address to send the I-94 to, with proof that I am back in Brasil, but since I´m with my family for 6 months, and not at my address in Rio, I don´t have my I-94 with me. So I read that after you send your I-94 to them, you can write asking if your name has been cleared. So what I did was send in a letter inquiring about my name. It has been one month and I´ve gotten NO response from them. I can´t find a phone number or e-mail to contact them, and I´m not sure writing another letter would do any good. I sent the first one registered and it was received by them, so I know my inquiry is there.

Has anybody done this before? Do you know how long they take to reply? Is there any other way I can contact them or find out if my exit is in the system?

P.S. My mom goes all the time to US and never gave her I-94 back and never had any problems.

[MrsWhizz 0]

When my hubby was here in 2005, the same thing happened to him. He got to the exit point and they questioned him about not having it. He explained that they didn't staple it it in his passport. The officer was a little grumpy, but that was all. He was here just a few weeks ago and had no problems whatsoever. Only this time, he made sure he had it!

[Ladylethal 12]

I´ve heard of people getting a tough time and even being sent back ´cus in the system it showed they didn´t exit US, so they understood an overstay had taken place.

[dirtyd301 0]

Hey!!! Alright so I had this same problem with my fiance! He was here on a J1 visa and left this fast February. He did not turn his in either. What we did was send the I-94 form with our evidence and a statement that he wrote that they ask for. I called customs...I apologize cuz I threw the number away! But I can tell you that how I got it was through calling USCIS and then they had me call the Department of State and then they gave it to me. So maybe you can just call the DOS or USCIS and they can give you the number you need. Anywayz so what they told me was that it takes up to 3 months for your name to be processed and that they will not contact you in any way to let you know that everything went through. So I told the lady that my fiance would be coming back in less than three months what should I do?? She told me to copy all the evidence and everything that he sent and take it with you to the border and if they even give you a hard time you show them your copies of evidence and explain that you turned everything in that they should let you in with no problems!!! This is the best advice i can give you. My fiance is arriving next Saturday and he is bringing everything with him so I will let you know if they give him a hard time or not. I am not too worried about it and I don't think you should either. Just have that evidence with you and I wouldn't worry about it. I also think of it this way....look at all the people who have gotten visas with overstays in the past and they have come into the country with no problems! I think everything will be fine. If you have any more questions just let me know!!

Diana

[Ladylethal 12]

I won´t have access to my I-94 until my interview, think I could just bring it with me to POE? I´d bring the evidence with me or something.

Also, I am waiting on a reply to see if my name is in the system or not, not to wait for them to process my name into the system. So they should contact me to tell me if I need to send the I-94 or not, right?

[TracyTN 237]

My fiance didn't know to check about his the first time he visited me. We mailed it back to the address you mentioned, never heard another word. He has since been over twice without issue.

If you're really concerned, I would make a photocopy of the letter you sent them (you probably did that already) and have that with you the next time you travel. Then you at least have proof of trying to do things the right way.

[Ladylethal 12]

Yeah, I have a copy. I actually think I won´t have a problem in POE since I am going through San Juan and they´re very laid back, but wouldn´t it be horrible to have a problem on the doorstep home?

[dirtyd301 0]

Sorry to tell you this but they won't tell you anything!! I mean they might tell you if you call but I don't even think that they will do that! When I called they were real snotty to me. This is something that you will have to just do on your own just to be safe. They won't tell you that you need to turn it in. They also will not tell you that they received anything or that it has been processed. If I were you if you can't get your I-94 form back until your interview than as soon as the interview is over then I would immediately send it and even if you come home a few days to weeks later at least you can show the officer that you sent it in to be corrected thats all that matters. And like I said before I don't think you will even have a problem. I think they threaten people more with this who have some kind of name hit when they enter or something to give them a reason to send them back!!Also the K1 fiance visa is one that is difficult to turn someone away with. You have already gone through so many security checks and received it I don't think they would give you a hard time!

[Ladylethal 12]

Ok, I can do that.

What I don´t get is why would they actually give you a special address and letter form to inquire if they have processed your name if they don´t bother to respond to that?

Wow, who else thinks they treat us like ####### on these immigration issues? And they go all nice on the DOS site under immigration to say that they treat us nicely even if we´re not eligible for a visa. #######?!?!

But ok, I guess, IF I find my I-94 when I go back to Rio I´ll mail it to them. If not, oh well, I´ll take my chances at POE.

EDIT: Hmmm, Just now I decide to go look into the one file of documents I did bring and what would you say, my I-94 is inside it. My problem now is fiding stuff here with me that proves I came back home January 2005.

Edited May 26, 2006 by Luis&Laura

[dirtyd301 0]

Have you been to the US since January 2005??? Did you say that they actually sent you something about this issue??? Cuz thats a different story! I never got anything from the government I found it myself ona website and told my fiance to take care of it. Can you explain ehat you received about this?

[Ladylethal 12]

No, I didn´t get anything from them. I went to my embassy website and they give you an address to send the I-94, and tell you to send them an inquiry 4 months after you sent your I-94 so they can reply telling you if your name has been checked into the system. Instead of sending the I-94 I wrote the inquiry, thinking that if they said my name is not there, I wouldn´t have to come up with the proof I´ve been in Brasil since then. Now that you´re telling me they don´t bother answering to those, I´ll prepare a proof and send my I-94 with it, and if they give me a hard time at POE I´ll just tell them I already sent it and it should have been cleared.

Now as for proof, I don´t have the boarding pass from when I left, so I´m sending my college papers proving I was studying and attending class just a month after my return, can I use a simple translation or does it have to be a sworn one?

[dirtyd301 0]

No, I didn´t get anything from them. I went to my embassy website and they give you an address to send the I-94, and tell you to send them an inquiry 4 months after you sent your I-94 so they can reply telling you if your name has been checked into the system. Instead of sending the I-94 I wrote the inquiry, thinking that if they said my name is not there, I wouldn´t have to come up with the proof I´ve been in Brasil since then. Now that you´re telling me they don´t bother answering to those, I´ll prepare a proof and send my I-94 with it, and if they give me a hard time at POE I´ll just tell them I already sent it and it should have been cleared.

Now as for proof, I don´t have the boarding pass from when I left, so I´m sending my college papers proving I was studying and attending class just a month after my return, can I use a simple translation or does it have to be a sworn one?

This is what my fiance's embassy page said:Application Procedures

How to Record Departure from the United States (I-94)

If you returned home with your United States Citizenship and Immigration Services (USCIS) departure record Form I-94 (white) or Form I-94W (green) in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide the USCIS sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.

If you do not validate a timely departure from the United States, or if you cannot reasonably prove otherwise when you next apply for admission to the United States, the USCIS may conclude you remained in the United States beyond your authorized stay. If this happens, the next time you apply to enter the United States, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the United States in the future without obtaining a visa from a United States Consulate. If this occurs and you arrive at a United States port-of-entry seeking admission under the Visa Waiver Program without a visa, United States immigration officers may order your immediate return to a foreign point of origin.

To validate departure, the USCIS will consider a variety of information, including, but not limited to:

• Original boarding passes you used to depart the United States

• Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph.), and

• Photocopies of other supporting evidence, such as:

- Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States

- Dated bank records showing transactions to indicate you were in another country after you left the United States

- School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States

- Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States

Your statement will not be acceptable without supporting evidence such as noted above.

You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. The USCIS cannot return original materials after processing. To help us understand the situation and correct your records quickly, please include an explanation letter in English. You must send your letter and enclosed information only to the following address:

ACS – USCIS, SBU

P.O. Box 7125

London, KY 40742-7125

USA

Do not mail your departure Form I-94 or supporting information to any United States Consulate or Embassy, to any other USCIS office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to USCIS records to prevent inconvenience to you in the future.

Please do not expect a response to your request. USCIS will not notify you that they have received and processed your information!

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Its a bit different from your countries but this is what I went by. Maybe it will help. I have never heard of the whole 4 months thing. What my fiance did for evidence since he didnt have boarding passes was he got a city hall representative to write a letter saying he was living and registered in his city as of his date of return. Maybe thats something you could do as well but I think school evidence is all you will need. You do have to have a sworn notarized translation. I called them about that as well and they said we needed it notarized.

[Ladylethal 12]

Ok thanks! My embassy page says the same except the part of "Do not expect a responde to your request." Instead of this mine says something along the lines of "If you want, after 4 months write to inquire if your name has been processed" and they give a little example letter to use.

[dirtyd301 0]

well hopefully then maybe they can give you some answers eventually but like I said I wouldn't count on it. Like most things in this god forsaken process you gotta take care of them yourself!! So I would just get some evidence and be on your way when you can and really I truly believe you shouldn't worry about this!!!!Also I will let you know how it went with my fiance i am sure that will help ease your nerves a bit! . Until then if you have any questions feel free to PM me or just post here!! GOOD LUCK to ya!

Diana

[Ladylethal 12]

Thanks a bunch for the fast replies! Good luck to your fiance as well.