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Filed: IR-1/CR-1 Visa Country: Canada
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Posted

Well, I'm sure from time to time K-1's decide to return. It's a big change. The fairytale is much different then reality.

But anyway. So, They would not actually get a departure stamp. When would the passport get scanned? I've never seen that on departure.

If I remember correctly, they scanned my passport upon coming back into the US from canada on a flight.

But really, w/o inquiring to other governments, the easiest identification would be a manifestation

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Filed: K-1 Visa Country: Thailand
Timeline
Posted

If I remember correctly, they scanned my passport upon coming back into the US from canada on a flight.

But really, w/o inquiring to other governments, the easiest identification would be a manifestation

Sure, you get scanned whenever you go through immigration, but as far as I know they would not clear immigration on departure.

I just find it hard to believe the state department is looking at all airline manifests and then comparing those names to a list of Visa holders.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Sure, you get scanned whenever you go through immigration, but as far as I know they would not clear immigration on departure.

I just find it hard to believe the state department is looking at all airline manifests and then comparing those names to a list of Visa holders.

Sure you would.

I'm clearing imigration to come INTO the us.

I'm going INTO a country either way.

And I don't think ICE is sitting there just randomly checking manifests against visa applications looking for people over staying.

If you're wondering because you over stayed at some point and want to know if they know.

They probably know.

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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

If you enter with a non-immigrant visa then it's likely you'd have an I-94 in your passport. The carrier is supposed to collect those and turn them in to DHS, who would then record the departure. Other than that, they don't really closely monitor departures. They're more concerned with people entering the US.

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!

Posted

If you enter with a non-immigrant visa then it's likely you'd have an I-94 in your passport. The carrier is supposed to collect those and turn them in to DHS, who would then record the departure. Other than that, they don't really closely monitor departures. They're more concerned with people entering the US.

That is what happened to Pui when she left on emergency AP when her brother passed away. The airlines took her expired I-94.

AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

They know U departed when the airport of country U arrived immigration

stamps U entering that country with date.

Not necessarily. An entry stamp into a country other than the US is evidence (but not proof) to the US government that you departed the US sometime before that date, but it's not evidence of exactly when you left the US. For all they know, you could have stopped over in another country for six months before entering the country that stamped your passport.

This is almost never relevant to a US citizen departing the US, and only relevant to an alien in certain circumstances. For example:

1. You're a non-immigrant, and you want proof you didn't overstay on your last visit to the US.

2. You're a non-immigrant, and you overstayed on your last visit, and now you want proof that you've been absent from the US long enough to have satisfied your reentry ban.

3. You're a permanent resident, and you want proof that you didn't stay outside the US long enough to have abandoned your residence.

FWIW, CBP started phasing out the I-94 arrival/departure record in April of this year. Most ports of entry should have already phased in the new electronic system. They'll stamp your passport with your arrival info, but your I-94 data will now be recorded electronically. When you depart it will be matched electronically with passenger manifests which must be provided to DHS by law by every land and sea carrier.

If you've arrived after April or May, 2013, and you want to obtain your arrival/departure information electronically, then go to:

https://i94.cbp.dhs.gov/I94/

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!

Posted

I just find it hard to believe the state department is looking at all airline manifests and then comparing those names to a list of Visa holders.

This is exactly what they do. (Well, DHS rather than State). There's a fully automated system called APIS used by all airlines, chartered and private flights that feeds that data to DHS. It's why you have to give the airline your date of birth and passport number (or let them scan it) as well as your name.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

We went through this while my wife and I were dating. She came here on a B1/B2 visa and was issued an I-94 with a date limit stamped on it. While parting was not easy, we religously followed that date so as not to overstay that would lead to major problems later with the USCIS.

A lot of it depends upon that officer at our POE of which side of the bed they got up in that morning, may want to see your return ticket and use that date, or even a few days more. You can apply for an I-94 extension, don't recall that form number, but recall the fee was 300 bucks, probably a lot more now.

If you are planning on staying here, you don't want to overstay your I-94, and certainly don't want to lie about it on your applications for immigration, they can find out.

 
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