I-94 question

[Nigerienne31 0]

My Husband came into the country on a tourist visa before we met on February 21, 2012. His I-94 says that it expires on March 15, 2012. He has a year visa that doesn't expire until Feb 2013 and has multiple entries. He said that on his tourist visa application it said that he could be in the country for 6 months at a time. But I don't see any info about 6 months anywhere. It has just now been 6 months since he got here (on August 21) and we are sending in his AOS package (we were married in June) next week (yay!)

On the request for a travel document (I-131), none of the options seem to apply to us. Help!

I am a permanent resident or conditional resident of the United States, and I am applying for a reentry permit.

I now hold U.S. refugee or asylee status, and I am applying for a Refugee Travel Document.

I am a permanent resident as a direct result of refugee or asylee status, and I am applying for a Refugee Travel Document.

I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.

I am applying for an Advance Parole Document for a person who is outside the United States. If you checked box "f,"

provide the following information about that person:

I am outside the United States, and I am applying for an Advance Parole Document.

If his overstay was over 180 days, he shouldn't leave the country even if he gets the Adavanced Parole Document, right?

[Harpa Timsah 13,258]

"I am applying for an Advance Parole document."

But, his overstay began on March 15. He is very close to 180 days, so he should not travel with AP. He'll have to wait until he gets his GC.

When he arrived, the Immigration officer gave him an assessment based on his statements and gave him a certain amount of allotted time. Six months is the maximum, but he can be given less at the border. So he arrived February 21 and his I-94 expired March 15?

Edited August 24, 2012 by Harpa Timsah

[Hypnos 6,578]

Being so close to 180 days of overstay I would not advise you to use AP to travel overseas at all.

[Nigerienne31 0]

"I am applying for an Advance Parole document."

But, his overstay began on March 15. He is very close to 180 days, so he should not travel with AP. He'll have to wait until he gets his GC.

When he arrived, the Immigration officer gave him an assessment based on his statements and gave him a certain amount of allotted time. Six months is the maximum, but he can be given less at the border. So he arrived February 21 and his I-94 expired March 15?

Yes his I-94 says that it expired March 15th. Doesn't that seem excessively short? His return plane ticket was for two months from his entry date! Why would they issue an entry for 3 weeks? his actual passport says nothing about an expiration date other than the date on his visa.

Being so close to 180 days of overstay I would not advise you to use AP to travel overseas at all.

If that is the case, should we even bother filing an I-131 at all?

[Hypnos 6,578]

I wouldn't.

[Moomin 292]

Yes his I-94 says that it expired March 15th. Doesn't that seem excessively short? His return plane ticket was for two months from his entry date! Why would they issue an entry for 3 weeks? his actual passport says nothing about an expiration date other than the date on his visa.

If that is the case, should we even bother filing an I-131 at all?

It's up to the CBP officer to determine how long each stay/visit may be. It's not necessarily a full 90 days/180 days as some are granted. Even though it might seem as a short visit, that's probably why he was only granted 3 weeks. Had it been a mistake, then he should've asked the officer or gone back while the i-94 was still unexpired.

The visa is like being pre-approved but the CBP officer will almost always have the last say.