Another qs...

[cca 13]

Hey Again!

Im starting to worry a bit now on our petition. I went over to the usa in the summer 2007 and i stupidly lost my passport

I applied to get another passport when out there but obviously when i lost it i also lost that I-94 arrival/departure card.

i sent off whilst in the states, a form to replace this (along with $300 something which they gladly cashed!) but as the date for my departure back to UK gew nearer i still hadnt received my replacement. When i called them they said that it could take up to 90 days which seemed so silly seeing as i was leaving before then!! What a weird system!

Well anyway , soon i had no choice but to leave for my flight. When i got board and i told the person what had happened and why i didnt have my I-94 she just quickly gave me a new 1 to fill out which tok a matter of sec (made me angry to think if t was that easy then i didnt have to pay for replacment that i never got !)

Anyway, my fiance said that a letter came through a little while ago from nebraska service centre saying about abadoment of case with the I94 which is utter b~#**cks seeing as i did everything in my power to get it before i left.

Im now worried that when CSC come to lookin at y petition theyre gunna see that i may have abaonded case and therefore think i overstayed! I have my flight itineary so know what day and plane i boarded but dont have stamps or boarding pass

I have written a letter to nebraska explaining all of this with a copy of my attched flight details to explain i didnt abandon and will keep a copy so if CSC do ask i can say ive written them a letter and can show them it if nesseary. Am i being too paranoid about this? Ive been to the USA for 3mnths since then and had no problems in regard to it

thanks

[motu 5]

If I understand you correctly - you left after arriving here on a K1 without an AP - that means you have abandoned your residency. An I94 is just a proof of arrival in the country and is generally sent (a copy) for adjustment of status - did you file for adjustment of status? EAD? AP? Did you leave without an AP or greencard? If you did then you have abandoned your residency. Did you get married while on your K1? If you did you will need to file for a K3 now. Give us more details of your status and what you left with and we can help you better. Good Luck

[eric_and_teresa 10]

Just to clarify, for your timeline I understand that you just started the K-1 process. And that you lost your I-94 during a previous visit to the U.S. You have not entered the U.S. with a K-1 yet. Neither are you applying for AOS at this stage, right?

So you never received the replacement of your I-94 before you depart. But do you know if the new I-94 arrived to the address you requested it to be delivered (even when you were gone)? IMO, if the I-94 arrived at a later date of your departure you could have send it back by mail, with the boarding passes to prove that you actually left. The risk of not returning the registered or replacement of the I-94 is that you may have overstayed according to their records

But you got a new one from the airline staff? For what I know the only way to ask for a replacement is to file for it at the USCIS. The I-94 (or I-94W if you used the VWP), that you fill out on the plane it's registered and stamped by the CBP officer when you go through customs, so if you got a new one from the airline staff before departure, I'd wonder if it was valid to fill and return that one, as it was missing the stamp from the CBP.

Best you can do is find out what happened with the replacement process of your old I-94, and most important find out if you incurred in any overstay. You could schedule and Infopass if you are now in the U.S. to find out and know exactly what happened.

Are you traveling under the VWP? Are you now in the U.S. just asking.. to understand your post better.

[cca 13]

Hi,

Yes thats right..I lost it when i went over there on a J1 visa in the summer. Im not in USA now but have returned to US with no probs regarding the loss of the I94.

I files for the I94 and they cashed the cheque but i never got a replacement! I kept calling them but they said i wouldnt have it in time for my departure bk to the UK Weird system!

when i got to the plane, the airline staff just gave me another 1 to fill out and then put it wit the rest of the passengers I94s.

the only thing to my knowledge of coming through was a letter saying id 'abandoned case' but the only reason why i abandoned was becasue I had to return home to UK!!

Well anyway ive written a detailed letter to nebraska sent off today special air mail explaining all of this and stating that if they checked the passenger list i would be on there and ive also attached a copy of my flight itineary. Also in evidence is that I returned to USA from London in Jan (ive since returned) so if i never got a flight back...how would I have been in England? On a canoe??!

I also explained that I respect the immigration laws and would never disobey them and that I know the consequqnces for doing this. I have kept a copy of this letter along with the reciept from post office to have proof that I sent it so if K1 visa people do ask me about it i can say I have a letter that I sent to them explaining everything.

it may not be anything and if they researched theres proof that I got on that plane if the matter does become a problem. they cant just go by the fact of boarding passes ect (which i dont have coz i never thought to keep them) can they. There needs to be a bit more research than that?

Well anyway, I havnt done anything wrong and if anything its US immigartion that caused the confusion...the most I did was board my plane to go bk home because I couldnt wait for my replacement cuz they said I wouldnt have it in time! AND i did fill one out before I boarded... they must have a record....

Hope so

[minnietheminx 0]

K- I know when visitors with an I94/I94W fail to hand in thier small slip when they depart the US, they need to send their slip along with any documentation to prove that they left the States on a given day to an address in Kentuky.

"Failure to turn in your I-94 (or I-94W) when you leave the U.S. can create a serious problem. Without this record of your departure, you will be identified in our records as an "overstay." Being identified as an overstay means that you will be denied re-entry into the U.S. If you failed to turn in your I-94, please send it - along with any documentation that proves you left the U.S. to ACS Inc.1084 South Laurel Rd., London, Kentucky 40744."

It may be worth while to write to this address with a copy of all your documents proving you left the states (ticket stubs, flight reference number etc), along with a copy of the letter that was sent to you about your case being abandoned as well as details that you would have included on you I-94 (flight number, your name, passport number, date etc). I could be wrong, but Im just thinking out aloud.

[cca 13]

Ok, Thanks. I will send a letter to that address too. I have been to the USA since and no problem occured- it would have come up that I 'overstayed' and they would have denied me entry wouldt they?

I havent got any documentation like boarding pass ect because I didnt think to keep them at the time All i hve is a copy of my flight ititenary which has the flight that I took. I think also have proof when I started wrk bk in the UK a week later....

Well I hope this turns out ok?? I havent done anything wrong so they cant deny me a visa without lookin into passenger lists ect first right?

Thanks for all your help

[cca 13]

Ive written to the airline company to ask them if they can give me a written confirmation that i was on the plane (I have also saved this email for Evidence) AND, i have found a credit card transaction on the day I got back to London for a withdrawel fo money fom gatwick airport for National Rail train ticket. Im HOPING this is ok

And keeping in mind I could just be over reacting and the I94 i filled out before i boarded the plane could be fine and perfectedly documentated

Ahhh this whole k1 visa is a very stressful procedure...... too much time to think about things u may have done wrong

[bora bora 1]

Hey Again!

Im starting to worry a bit now on our petition. I went over to the usa in the summer 2007 and i stupidly lost my passport

I applied to get another passport when out there but obviously when i lost it i also lost that I-94 arrival/departure card.

i sent off whilst in the states, a form to replace this (along with $300 something which they gladly cashed!) but as the date for my departure back to UK gew nearer i still hadnt received my replacement. When i called them they said that it could take up to 90 days which seemed so silly seeing as i was leaving before then!! What a weird system!

Well anyway , soon i had no choice but to leave for my flight. When i got board and i told the person what had happened and why i didnt have my I-94 she just quickly gave me a new 1 to fill out which tok a matter of sec (made me angry to think if t was that easy then i didnt have to pay for replacment that i never got !)

Anyway, my fiance said that a letter came through a little while ago from nebraska service centre saying about abadoment of case with the I94 which is utter b~#**cks seeing as i did everything in my power to get it before i left.

Im now worried that when CSC come to lookin at y petition theyre gunna see that i may have abaonded case and therefore think i overstayed! I have my flight itineary so know what day and plane i boarded but dont have stamps or boarding pass

I have written a letter to nebraska explaining all of this with a copy of my attched flight details to explain i didnt abandon and will keep a copy so if CSC do ask i can say ive written them a letter and can show them it if nesseary. Am i being too paranoid about this? Ive been to the USA for 3mnths since then and had no problems in regard to it

thanks