Enterance without I-94 for a 6 month plane ticket

[Kintaro 0]

My girlfriend got a 10 year tourist visa (B1/B2) in March. She was in US for 3 weeks in April 2013 and dropped good cash as a tourist.

She wanted to have another break from her PhD since she just completed her course work, collect some research material in the universities here and be with me. Friday she reentered USA for the second time from Newark, NJ. I bought her ticket (and accidentally set the return date for 6 months later - I was planning on 5.5 months and to adjust it whenever she wanted to go back – I was also planning to take her to Canada and Mexico so she was not supposed to be in US for even 5.5 months).

They gave her a lot of trouble: Took her to an office where they asked her detailed questions about us with a lot of insinuations. (I am a resident and going thru the naturalization process right now.) They told her if she arrived in the morning they would have kept her for 5 hours.

As expected they asked her how she was going to support herself (we are both doing ok-she does not need or want to work in US with her tourist visa) They told her she should change her return date ASAP. She did not receive an I-94 during the flight and being tired and not being familiar with the process she did not ask for one. They did not make her fill out an I-94 at the visa check point either. So she does not have an I-94 right now. They also used a term she cannot recall… "Probation"? "Your status is gloomy"?

My questions are:

1- Is this typical for a 6 month ticket entrance? (I honestly did not know they would make such an issue, I knew about the 6 month rule, unfortunately I did not notice my error until it was too late also I was planning on taking her to Canada and Mexico).

2- I think the agent was extra rough with my girlfriend. I would have contacted my congresswoman right away if we were in the same state (I am in Colorado). Is there anyway to complain?

3- We will change our vacation plans (we were planning to travel outside US and use US as our base of travel for the summer) and I will change her return date as we are told. What is a reasonable return date to show that we are acting in good faith?

4- After we adjust her flight how can we obtain her I-94. I do not think they forgot to give it to her. Is there a number to call or should we contact a lawyer?

In http://www.immigrationdirect.com/visas/visitor/replace-I-94-card.jsp it is stated that: "Application for Replacement Arrival/Departure Document. Processing times vary, but generally range from 2 to 5 months."

I will appreciate any input.

[Harpa Timsah 13,258]

I-94s are online now. Find it on cpb and print it out. And yes, she has an extremely long ticket and a bf in the US. It's also a bit odd you bought the ticket. But it's all fine now - she got in.

[Boiler 45,541]

Sounds like she got a break, consider herself lucky.

[Kintaro 0]

I-94s are online now. Find it on cpb and print it out. And yes, she has an extremely long ticket and a bf in the US. It's also a bit odd you bought the ticket. But it's all fine now - she got in.

Thank you for the reply and the information. I did not know about I-94 and we got really worried. For international flights you can make easier searches and find better deals in US internet than other countries (at least that is my experience)... From what you have written it was OK to have her leave on the original flight in 6 months. However, because officer gave such a scare and told her to change the flight we adjusted her return ticket to 5 months within the week. However, I am still worried about our vacation in Canada or Mexico... They did not write a date on her passport for the exit. Is she illegal in any way? We want her to come to US often (she will not live here and this will be her only long trip to US because of her schedule). Is there a way to share the information about her return date and make sure all is fine? Should I carry my bank statements during our trip or prepare an affidavit of support?

[canadian_wife 1,822]

Your girlfriend has no rights to travel to the US as a tourist, entrance is never a guarantee even with a valid tourist visa. Complaining to your congressman would be futile for this reason.

You should not have any problems at the CND/MX border, but your affidavits and bank statements are useless, they are interested in her, not you.

Yes, after a trip in April, 6 months was a long time to come to the US for, it is understandable that they gave her a hard time, limit the frequency and length of visits in the future

good luck

[Kintaro 0]

Sounds like she got a break, consider herself lucky.

Thank you. We changed the ticket to 5 months within a week because the agent told her to change the date, however I am still wondering if she is OK for future entrances to US:

My girlfriend got the 10 year multiple entry B1/B2 after her 3 week visa application.

She entered US around April 12 and there is a stamp for that on her passport. A date is also written on the that stamp "October 12"...

She left first week of May.

She reentered on June 20th and her passport received a stamp but no date is written on this stamp. She was told to change her flight (which we did) but she can not recall if the officer told her to leave at a certain date. Agent told her if she wanted to stay in US for a long period (such as 6 months) she should have gone to US consulate and stated that fact so that they could investigate more. This was not made clear to me when I changed her ticket to 5 months...

My friend thinks that my girlfriend should leave before October 12 so as not to become illegal. Does that make any sense?

I am sorry if I sound a bit dense but we really want to do the right thing and stay on the legal side, have our trips to Canada and Mexico if possible and have her enter to US as a tourist legally in the future... Is there a way to learn when her legal status will expire? Normally it is supposed to be 6 months with each entry but now I am doubting that right now. Is there anything I can do (prepare an affidavit of support etc...) to give assurance that I am supporting her during her stay if this is their "issue"?

[Kintaro 0]

Your girlfriend has no rights to travel to the US as a tourist, entrance is never a guarantee even with a valid tourist visa. Complaining to your congressman would be futile for this reason.

You should not have any problems at the CND/MX border, but your affidavits and bank statements are useless, they are interested in her, not you.

Yes, after a trip in April, 6 months was a long time to come to the US for, it is understandable that they gave her a hard time, limit the frequency and length of visits in the future

good luck

Thank you for the input. "limit the frequency and length of visits in the future" seem to be the right advice, unfortunately...

[Harpa Timsah 13,258]

The date of exit is on the I-94. You seem confused. You, the USC, are not the keeper of your GF in the US. The border doesn't care about you or your bank statements. She is here as her own person and should stand on her own.

[Harsh_77 718]

You got some good advice…. As CW said tourist is not a right, even with VISA they do not have to let you in the country if the officer is not convinced about the true purpose of the visit.

There is nothing you can complain CBP officers were doing their job.

To a immigration officer it would certainly raise a doubt how a student can be gone for 6 months in a year?

Her future encounter with CBP officer would be on the frequency and duration of her trips and with a BF in US that can make it difficult.

[Kintaro 0]

Thank you all. We checked her I-94 online and it was for 6 months. As I stated before we changed her return date just to show good faith and we will be extra careful in the future.