I-94

[Touch of Treble 39]

I entered last month from a VWP country. I came in through LAX. I WAS NOT GIVEN AN I 94.

I then found out that I should have been given one, so I spent 3 hours no the phone tracking down where to get one. Then I drove for 3 hours to get to the nearest POE. At the POE the CBP officer told me I had to leave America, cross over into Canada and re-enter USA to get the I94. He wouldn't believe me when I said I had a single entry visa, which I had already used. I refused to leave America and asked him to check with a supervisor. He was busy telling the supervisor that I was just a confused woman when the supervisor put him straight. I was right in NOT leaving the office. Anyway, the long and short of it is this. I cannot get an I94 from my nearest POE. According to USCIS, whom I went to after that, I won't need one. The supervisor there confirmed that all I need to do is this

In the section asking for the I94 number I am to write " No I 94 issued. See stamp in passport." It's got something to do with coming from a VWP country and that fact that some of the CBP's at POE are not issuing the I94's to everyone. Widsy, you might get and rfe on this one, but I am hoping you don't. I am including a statement with my AOS form detailing the lengths I went to try and get an I94. I even asked for one on the plane on my way over to USA and was told there is no such form anymore...

Good luck!

[K&E2009 71]

I entered last month from a VWP country. I came in through LAX. I WAS NOT GIVEN AN I 94.

I then found out that I should have been given one, so I spent 3 hours no the phone tracking down where to get one. Then I drove for 3 hours to get to the nearest POE. At the POE the CBP officer told me I had to leave America, cross over into Canada and re-enter USA to get the I94. He wouldn't believe me when I said I had a single entry visa, which I had already used. I refused to leave America and asked him to check with a supervisor. He was busy telling the supervisor that I was just a confused woman when the supervisor put him straight. I was right in NOT leaving the office. Anyway, the long and short of it is this. I cannot get an I94 from my nearest POE. According to USCIS, whom I went to after that, I won't need one. The supervisor there confirmed that all I need to do is this

In the section asking for the I94 number I am to write " No I 94 issued. See stamp in passport." It's got something to do with coming from a VWP country and that fact that some of the CBP's at POE are not issuing the I94's to everyone. Widsy, you might get and rfe on this one, but I am hoping you don't. I am including a statement with my AOS form detailing the lengths I went to try and get an I94. I even asked for one on the plane on my way over to USA and was told there is no such form anymore...

Good luck!

Thanks for the reply, I know there are a few that will benefit from your advice. When I entered on the K-1 visa. I WAS given an I-94 at Dublin airport.

It was the weeks leading up to my POE that I wasn't sure what was goin' on. Didn't know if I had to ask for one, etc.

Turns out the CBP Agent gave me one, no problems. Hopefully sending AOS next week.

[grrrrreat 109]

I entered last month from a VWP country. I came in through LAX. I WAS NOT GIVEN AN I 94.

I then found out that I should have been given one, so I spent 3 hours no the phone tracking down where to get one. Then I drove for 3 hours to get to the nearest POE. At the POE the CBP officer told me I had to leave America, cross over into Canada and re-enter USA to get the I94. He wouldn't believe me when I said I had a single entry visa, which I had already used. I refused to leave America and asked him to check with a supervisor. He was busy telling the supervisor that I was just a confused woman when the supervisor put him straight. I was right in NOT leaving the office. Anyway, the long and short of it is this. I cannot get an I94 from my nearest POE. According to USCIS, whom I went to after that, I won't need one. The supervisor there confirmed that all I need to do is this

In the section asking for the I94 number I am to write " No I 94 issued. See stamp in passport." It's got something to do with coming from a VWP country and that fact that some of the CBP's at POE are not issuing the I94's to everyone. Widsy, you might get and rfe on this one, but I am hoping you don't. I am including a statement with my AOS form detailing the lengths I went to try and get an I94. I even asked for one on the plane on my way over to USA and was told there is no such form anymore...

Good luck!

Huh, this is really frustrating. You were probably told wrong on the plane--people traveling under VWP don't need an I-94 or I-94W anymore, because of ESTA, but people coming in on other non-immigrant visas do. And if CBP sees that someone is entering on a K-1, CBP really should issue the I-94. The reason is that to adjust status, the alien has to show they were actually admitted to the U.S. (and weren't a stowaway, snuck over, etc.) Passport stamps can prove this too, but they can be illegible and difficult to copy. The I-94 makes it so much easier. Perhaps CBP is storing all the I-94 information in a computer at this point, but it's still important for people to have proof that they were admitted.

[VanessaTony 3,567]

I entered last month from a VWP country. I came in through LAX. I WAS NOT GIVEN AN I 94.

I then found out that I should have been given one, so I spent 3 hours no the phone tracking down where to get one. Then I drove for 3 hours to get to the nearest POE. At the POE the CBP officer told me I had to leave America, cross over into Canada and re-enter USA to get the I94. He wouldn't believe me when I said I had a single entry visa, which I had already used. I refused to leave America and asked him to check with a supervisor. He was busy telling the supervisor that I was just a confused woman when the supervisor put him straight. I was right in NOT leaving the office. Anyway, the long and short of it is this. I cannot get an I94 from my nearest POE. According to USCIS, whom I went to after that, I won't need one. The supervisor there confirmed that all I need to do is this

In the section asking for the I94 number I am to write " No I 94 issued. See stamp in passport." It's got something to do with coming from a VWP country and that fact that some of the CBP's at POE are not issuing the I94's to everyone. Widsy, you might get and rfe on this one, but I am hoping you don't. I am including a statement with my AOS form detailing the lengths I went to try and get an I94. I even asked for one on the plane on my way over to USA and was told there is no such form anymore...

Good luck!

Oooo this isn't good. You'll probably be RFE'd for an I-94 because it is REQUIRED... I'd be interested to hear how this goes. Also, as others have said, entering from a VWP country is irrelevant (though my entry was ages ago I obviously come from a VWP country as did the OP who now states they got an I-94). You entered on a K1 visa (not the VWP) and were supposed to get an I-94. You get the stamp AND the I-94 so "no I-94 issued, see stamp in passport" is unlikely to do much at all for your I-94 number issue

Edited April 20, 2012 by Vanessa&Tony

[grrrrreat 109]

Oooo this isn't good. You'll probably be RFE'd for an I-94 because it is REQUIRED... I'd be interested to hear how this goes. Also, as others have said, entering from a VWP country is irrelevant (though my entry was ages ago I obviously come from a VWP country as did the OP who now states they got an I-94). You entered on a K1 visa (not the VWP) and were supposed to get an I-94. You get the stamp AND the I-94 so "no I-94 issued, see stamp in passport" is unlikely to do much at all for your I-94 number issue

I-94 is technically not required, what is required is proof of entering and being admitted to the U.S., which is what the passport stamp can substitute for. Not an ideal substitute, but if that is what CBP told the poster, let try to avoid being alarmist about it please.

[VanessaTony 3,567]

I-94 is technically not required, what is required is proof of entering and being admitted to the U.S., which is what the passport stamp can substitute for. Not an ideal substitute, but if that is what CBP told the poster, let try to avoid being alarmist about it please.

Umm no. Please have a read of the i-485 instructions here: http://www.uscis.gov/files/form/i-485instr.pdf page 4, 12B.

12. Evidence of Eligibility

A. ...

B. Based on admission as a K1 fiance(e) of a U.S. citizen and subsequent marriage to that citizen

Attach a copy of the fiance(e) petition approval notice, a copy of your marriage certificate, and your Form I-94, Arrival/Departure Document.

You have no timeline, you don't say what visa you arrived on but simply reading the instructions would have prevented you from giving this incorrect advice.

Edited April 20, 2012 by Vanessa&Tony

[grrrrreat 109]

Umm no. Please have a read of the i-485 instructions here: http://www.uscis.gov/files/form/i-485instr.pdf page 4, 12B.

You have no timeline, you don't say what visa you arrived on but simply reading the instructions would have prevented you from giving this incorrect advice.

I'm aware the form instructions say to include the I-94 for K-1s, but what is required under the law for adjusting status is proof of being admitted or paroled, which is why the CBP told OP to include a copy of the passport stamp. To be clear, I am not saying people should stop including I-94s, and if I were entering on a K-1 I would try to make sure I got one, but if CBP isn't going to issue OP one, there's nothing OP can do but file the form as CBP suggests and provide proof of admission.

I'm an immigration lawyer, not an immigrant. I realize you may disagree with my advice and I am not offering it to anyone as a client, nor am I intending to create a lawyer/client relationship, but based on my experience and knowledge about forms, regulations, and the law, I suggest that OP does what CBP said to do. There isn't really any other option.

Edited April 20, 2012 by grrrrreat

[VanessaTony 3,567]

I'm aware the form instructions say to include the I-94 for K-1s, but what is required under the law for adjusting status is proof of being admitted or paroled, which is why the CBP told OP to include a copy of the passport stamp. To be clear, I am not saying people should stop including I-94s, and if I were entering on a K-1 I would try to make sure I got one, but if CBP isn't going to issue OP one, there's nothing OP can do but file the form as CBP suggests and provide proof of admission.

I'm an immigration lawyer, not an immigrant. I realize you may disagree with my advice and I am not offering it to anyone as a client, nor am I intending to create a lawyer/client relationship, but based on my experience and knowledge about forms, regulations, and the law, I suggest that OP does what CBP said to do. There isn't really any other option.

Okay you claim you're a lawyer. Doesn't mean you're right (and we've seen multiple cases of lawyers giving wrong advice to clients). People get RFE'd for missing I-94's (there was a case just recently). It's in the form instructions, it's required. Just like everyone else, CBP is fallible. It's likely the officer she spoke to doesn't know what they're talking about (happens at the SSA often) so I suggest she try again.

She can either send it without and see if she gets RFE'd (which she probably will because the drones that sort the paperwork work from a list) or she can try and go back and get one. Given it's a 3 hour drive I'd submit and see what happens. RFE's aren't the end of the world but if we can avoid them (and the delays associated with them) it's always preferable.

Many of us on here also have experience and knowledge about forms, regulations and the law... not to mention much more varied experience from reading these forums and people experiences. I can tell you people get RFE'd for lack of I-94 (one mentioned just recently). As you're not an immigrant and haven't dealt with the stress of this process first hand, you cannot understand how people prefer advice that will result in fewer delays and no RFE's, not "the letter of the law" advice because honestly, USCIS doesn't always do the "right thing" (just ask the people who get medical RFE's 'cause USCIS lost their medicals!). We follow THEIR rules, which for some of us has been learnt the hard way and why this forum exists, to pass on what we've learnt, not necessarily what we've read.

Edited April 21, 2012 by Vanessa&Tony

[pushbrk 12,883]

I'm aware the form instructions say to include the I-94 for K-1s, but what is required under the law for adjusting status is proof of being admitted or paroled, which is why the CBP told OP to include a copy of the passport stamp. To be clear, I am not saying people should stop including I-94s, and if I were entering on a K-1 I would try to make sure I got one, but if CBP isn't going to issue OP one, there's nothing OP can do but file the form as CBP suggests and provide proof of admission.

I'm an immigration lawyer, not an immigrant. I realize you may disagree with my advice and I am not offering it to anyone as a client, nor am I intending to create a lawyer/client relationship, but based on my experience and knowledge about forms, regulations, and the law, I suggest that OP does what CBP said to do. There isn't really any other option.

In my experience the above is absolutely correct. There are multiple reasons why one might not have an I-94, have lost it, lost the passport or have an error. My wife and daughter entered as K3 with I-94 expiration dates that didn't exist, (08/39/20XX). USCIS knows if the packet was submitted upon arrival and can verify whether there was a K1 visa.

Note that people entering using the Canada visitor privilege rarely have I-94's but still accomplish adjusting status.

Sure, get an I-94 if you're supposed to have one and submit it if you do but not having one is certainly not a deal breaker if you actually WERE inspected upon entry.

[pushbrk 12,883]

I entered the U.S from Dublin, Ireland on a B-1 Business visa. Immigration officer in Dublin just stamped my visa in my passport signed it B-1 with date to leave and that was it. No I-94 given.

What should I do for a I-94 # ??

You don't have one and can't get one. If you're trying to adjust status, show the passport page with the B1 stamp. If you're just visiting, it's a non-issue anyway. The date to leave is what controls your status.

Many of us on here also have experience and knowledge about forms, regulations and the law... not to mention much more varied experience from reading these forums and people experiences. I can tell you people get RFE'd for lack of I-94 (one mentioned just recently).

An RFE for lack of an I-94 can be satisfied by other means than providing an I-94. What is required is sufficient evidence of having been inspected upon entry. I've seen a bus ticket from Canada to the USA satisfy that requirement but I expect a bus ticket from Mexico would not. Circumstances rule the day here.

Edited April 21, 2012 by pushbrk