I-94 thinks I left the USA.....

[Erminio 3]

I completely agree with you Erminio!!!! How has my application progressed so much since I "apparently" left the USA.

I do not know how serious this is, but I intend to call first thing in the morning to try and get this sorted.

I just emailed my company immigration lawyer informing him and asking for advice...I hope he gets back to me by tomorrow letting me know what to do.

[Dave&Roza 748]

Hiya,

I'm mid way through AOS, and am right here in the USA. I happened to check my I-94 today, wondering if my AOS was showing on there - no idea why I thought it might, but I checked it anyway on the DHS website.

Obviously nothing about my AOS on there, but what I did discover is that according to the I-94, I left the USA on Jan 8 2015!!!!

My original departure ticket was for that date, but I did not get on the flight - I didn't even get out of bed

Should I try to get this corrected; Will USCIS question this?

Why do they think I left the USA - but regardless, they are still processing my AOS, and just yesterday my I-485 changed status to preparing an interview.

Perhaps I'm just over cautious....

Thanks in advance

You will most likely need to contact the airlines to get something from them to indicate that you did not leave the US on that flight before the CBP will correct the I-94. This is why here on VJ we stress that if you purchase a RT ticket for the K-1 visa to cancel the return portion so this does not happen. Most people have no issues, but a few find that the airline did not remove them from the flight list and all of a sudden they have to prove a negative--they did not leave the US. How does one prove that one was not on a flight when teh airline states you were?

Good luck,

Dave

[Erminio 3]

I'll see what my company immigration lawyer says, but I wonder if showing up at the local CBP office will be enough or they will think I did fly back to Italy, then took a fly back to, say, Mexico and then crossed the border during the night..I don't know how the airline could tell DHS that I didn't actually leave when the records they shared with them say I did.

Edited May 15, 2015 by Erminio

[BritInMA 15]

Upon reflection I can see the error of my ways; I had fully intended to postpone the return flight, and "park" it for later use; But somehow I forgot. It never dawned on me that, 5 months later, it would bite my in the ###.

That all said, I cannot believe that British Airways would tell CBP that I was on a flight that I clearly was not on. Nor did I go through CBP at Boston.

What's more, they didn't even give me airmiles for the flight i took that i didn't take

sigh..... I really was so happy, having had my EAD approved yesterday and my interview update today....... I hope I can sort this quickly!

[Erminio 3]

Interestingly enough, it was British Airways for me too..I guess that's what makes easy to overstay a Visa: the airline actually tells DHS that you left the States as supposed to.

[BritInMA 15]

AND... I just realized... Apparently I flew back to England on Jan 8...... But on Jan 9, I had my medical in Boston.... and in Feb I had my biometrics in Boston....

urgh.....

I hope if this is a problem, the person who deals with it can see it for what it really is - a mistake!!!!

[Tonald 21]

Interesting, it was BA i flew with too

[Erminio 3]

AND... I just realized... Apparently I flew back to England on Jan 8...... But on Jan 9, I had my medical in Boston.... and in Feb I had my biometrics in Boston....

urgh.....

I hope if this is a problem, the person who deals with it can see it for what it really is - a mistake!!!!

That would make sense, IMO - unfortunately I had medical and biometrics before I supposedly left the States, so I'll have to find another way.

Now it just occurred to me: I received my EAD and AP "combo" card in August 2014, so after that date I was actually free to leave the States and come back - hence where should be the problem?

[Tonald 21]

All i know is that there must b a solution for it, it shouldn't be a big problem , is just a simple and normal mistake anybody can make, i book my returned ticket to 19th of January and i wedded on 21 of February, so how will they think i get back into the state?

[BritInMA 15]

I just emailed my company immigration lawyer informing him and asking for advice...I hope he gets back to me by tomorrow letting me know what to do.

Erminio,

Will you let us all know what he says, please?

It seems there are a few of us in this situation!

Thank you

[Erminio 3]

Erminio,

Will you let us all know what he says, please?

It seems there are a few of us in this situation!

Thank you

Sure, I'll be glad to - his answer may be specific to my situation (e.g. already under Advance Parole when "left") but I'll share it here.

[Cathi 5,771]

All i know is that there must b a solution for it, it shouldn't be a big problem , is just a simple and normal mistake anybody can make, i book my returned ticket to 19th of January and i wedded on 21 of February, so how will they think i get back into the state?

It isn't simple if USCIS thinks he left the country

[BritInMA 15]

It isn't simple if USCIS thinks he left the country

I agree!

If I've learnt one thing about this process, it's that USCIS can and will assume whatever they want, and it is the job of the applicant(s) to prove otherwise;

I think in my situation I can probably give sufficient evidence that I never left - my phone, for example, has 24/7 tracking on it; British Airways should be able to confirm that I wasn't actually on the flight; the UK border agency could probably confirm that I never arrived in the UK; I have pictures from the day after I supposedly left the USA of me in the USA; And I was in the USA for my USCIS medical the day after I supposedly left.

But...... I take nothing for granted, and fully appreciate that the onus is on me, and only me, to prove it. I just happen to believe that I can do so without much problem; Other people may not have that ability.

[Jon and Krissy 452]

The moral of the story is, cancel the bloody return flight by letting the airline know you won't be on it. Either that or buy a one way ticket. Don't do what you did.

Hiya,

I'm mid way through AOS, and am right here in the USA. I happened to check my I-94 today, wondering if my AOS was showing on there - no idea why I thought it might, but I checked it anyway on the DHS website.

Obviously nothing about my AOS on there, but what I did discover is that according to the I-94, I left the USA on Jan 8 2015!!!!

My original departure ticket was for that date, but I did not get on the flight - I didn't even get out of bed

Should I try to get this corrected; Will USCIS question this?

Why do they think I left the USA - but regardless, they are still processing my AOS, and just yesterday my I-485 changed status to preparing an interview.

Perhaps I'm just over cautious....

Thanks in advance

[raven52 233]

This is a HUGE problem. Especially if you came here on a round trip ticket.

You need to take corrective action immediately. You have been given the path to take, already.

I hope you take action tomorrow, before this gets worse for you.