I-94 Question

[luvinmb 0]

Ok. My fiance was denied entry to U.S. for visiting too often. When he tried to enter they also told him they didn't have a record of him turning in his last I-94, which he did turn in. They had at that time drop boxes and he dropped it in on time. They have no date of when he entered back in to his country all they could tell him was that they didn't show his I-94 being returned in the system. So basically since he didn't overstay, we are going to answer honestly that he didn't. And we are taking proof of utility bills and bank statements and work statements to show that he was in his country from March when the I-94 was due back until his POE denial (when he was made aware of the missing I-94) which was September. But, if the consulate sticks with believing he did overstay, then how on earth will gauge how long he overstayed. I mean the original I-94 was issued in September 03 and due back March 04 and he was denied entry in Sept 04. So obviously he returned his I-94 during the year and we have proof of him being in his country for at least 6 months of the year. So our plan is to answer no to the overstay question and produce proof of his stay in Mexico. And if they are determined to claim he did overstay then I have heard we don't need a waiver since it is less than 6 months. Also, how successful are I-601 waivers in Juarez..... Hope this isn't too confusing!!