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quantumgirl

I-94 not removed -> problem with K1 process now?

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Filed: K-1 Visa Country: Germany
Timeline

I was in the USA as a highschool exchange student in 2001/2002. They didnt remove the I-94 departure form from my passport when I left, and I didn't even know this was required. When I entered the US again on the Visa Waiver in 2004, they finally removed the I-94 when I was boarding the plane to the US.

I have entered the US numerous times after that without any problems.

My question is, do I need to mention this incident anywhere during the K1 process? Maybe there is a form on one of the documents where I need to check "Yes" instead of "No" because of this? Or can I just ignore this?

K1 timeline

07/01/2010: mailed I-129F

07/12/2010: NOA1

11/10/2010: NOA2

01/04/2011: Pack 3 sent

01/10/2011: Pack 4 received

01/13/2011: interview

01/22/2011: K1 visa in mail

03/29/2011: POE (Houston)

04/30/2011: wedding

AOS, EAD, AP timeline

05/02/2011: mailed I-485, I-765, I-131

05/09/2011: NOA1

05/30/2011: Biometrics

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Filed: K-1 Visa Country: Vietnam
Timeline

If there was any problem with it then you would have been questioned about it when entering the US. The worst that could happen in a case like this is that they would presume you had never left the US on the visit where the I-94 was not removed. If this had happened then they would have presumed you overstayed by at least two years, since it was that long before you returned to the US. An overstay of two years would have resulted in a 10 year ban from the US. You obviously weren't banned, so they recorded your exit, even though they didn't take the I-94.

I think you're fine. :thumbs:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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non-issue - if you entered after they removed it (on the VWP) - that is pretty good evidence your in the clear.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: Germany
Timeline

ok thank u guys. I'm feeling better now. :)

K1 timeline

07/01/2010: mailed I-129F

07/12/2010: NOA1

11/10/2010: NOA2

01/04/2011: Pack 3 sent

01/10/2011: Pack 4 received

01/13/2011: interview

01/22/2011: K1 visa in mail

03/29/2011: POE (Houston)

04/30/2011: wedding

AOS, EAD, AP timeline

05/02/2011: mailed I-485, I-765, I-131

05/09/2011: NOA1

05/30/2011: Biometrics

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