Slip up on I-94 US Permit record

[kellyc 0]

My fiance in South Africa was gathering boarding passes and other evidence together for us to submit with the I-129f. He discovered that he still had the I-94 US permit which was issued to him for his visit here this past March! He was never asked for it nor questioned about it either. He was given all of his boarding passes in Dallas for all of his flights clear through South Africa. Only in Dallas was he asked for his passport. That was it...no one ever asked to see it again in order to stamp him out or to gather his I-94!! If you have had a problem such as this before, please let me know. This could cause up to a 4 month delay in our visa process!!

[pushbrk 13,172]

My fiance in South Africa was gathering boarding passes and other evidence together for us to submit with the I-129f. He discovered that he still had the I-94 US permit which was issued to him for his visit here this past March! He was never asked for it nor questioned about it either. He was given all of his boarding passes in Dallas for all of his flights clear through South Africa. Only in Dallas was he asked for his passport. That was it...no one ever asked to see it again in order to stamp him out or to gather his I-94!! If you have had a problem such as this before, please let me know. This could cause up to a 4 month delay in our visa process!!

Assuming he has an exit stamp in his passport, you might want to copy any applicable pages and biographical page to show he did in fact exit. Put those in with your I-129F petition.

[ladywhite 0]

My fiance in South Africa was gathering boarding passes and other evidence together for us to submit with the I-129f. He discovered that he still had the I-94 US permit which was issued to him for his visit here this past March! He was never asked for it nor questioned about it either. He was given all of his boarding passes in Dallas for all of his flights clear through South Africa. Only in Dallas was he asked for his passport. That was it...no one ever asked to see it again in order to stamp him out or to gather his I-94!! If you have had a problem such as this before, please let me know. This could cause up to a 4 month delay in our visa process!!

I am not sure if my reply will help or be relevant to your case.

I left the US on August 2005 through San Francisco airport and I still have my I-94 attached to my passport now.

At the airport, I was not asked for I-94 to register my departure from the US. Instead, there at the airport, they have computer-operated machines (similar to ATMs) that did the job. I scanned my two index fingers and also put in my personal information to register my departure (such as my name and my passport number-- i don't remember it well). then the machine printed out a card with a logo of Homeland security on it, which i still keep.

If your fiance did the same thing at the airport, I don't think you should have anything to worry about despite I-94 still being attached to his passport. The Homeland Security must have a record of his departure.

The problem i see here would be that he didn't check himself out (like I did) nor did anyone ask him for I-94 by mistake. If that is the case, it means he is still staying in the US because there is no record of him leaving the country.

[sj5 4]

He should have his I-94..I have mine.

[bszoom42 0]

Assuming he did leave the country without properly checking out, shouldn't he be able to visit the local US Embassy/Consulate and demonstrate that he has left the country?

Perhaps they can help with that paperwork?

[featherB 1]

A few months before we filed our I-129F, I came over for a visit... and noticed about a week before I was due to fly out, that I still had my previous I-94 in my passport. I think this happens quite a lot.

There's information here on what to do (this info is from the London Embassy's site, but it applies no matter which country you're from...) - basically you need to get your fiance to send the I-94 to the address listed, along with evidence that he left the US and didn't overstay - basically the same kind of evidence you send with the I-129F, copies of boarding passes, passport stamps, flight itineraries, credit card statements (showing that he's been spending money in South Africa rather than the US), anything else you can think of! And, like with the I-129F, make sure he takes a copy of everything he sends, including the I-94 (he'll probably want to send photocopies of all the evidence he's sending rather than originals anyway, but they do want the original I-94 sent back to them!), in case it does crop up and questions are asked at a later date. Oh, and I'd include a cover letter too, explaining exactly what flight he left the US on, etc etc etc, and listing the evidence he's sending with it - again, much like with the I-129F!

I was worried that it might cause problems for us, but it never did - I never received any confirmation that the records had been updated, but can only assume that they were! Good luck!

Edited May 23, 2007 by featherB

[featherB 1]

He should have his I-94..I have mine.

You're in the US, though... the OP's fiance is not, and his I-94 should have been taken from his passport by airline staff when he left the country, so that they'd have a record of his departure...

[The Way it Is 0]

As far as the US Govt is concerned, you are still here accumulating illegal presence. This will cause you big grief on future visa applications. Search (sorry, I dont remember where) the USCIS, CBP, DOS web sites, or just google for it/ There is an address (in KY I believe) where you send the I-94 along with proof of when you left so that they can correct your record, and "log" you out of the US.

[featherB 1]

As far as the US Govt is concerned, you are still here accumulating illegal presence. This will cause you big grief on future visa applications. Search (sorry, I dont remember where) the USCIS, CBP, DOS web sites, or just google for it/ There is an address (in KY I believe) where you send the I-94 along with proof of when you left so that they can correct your record, and "log" you out of the US.

Yup, it's this address, it was in the link I posted, along with other instructions on what to do...

ACS-USCBP, SBU, P.O. Box 7125

London KY 40742-7125

USA

(hmm, didn't mean to make it be huge and bold, can't seem to un-format my text now! Anyway, I'd just say, deal with it ASAP and get him to keep copies of all the evidence he sends to prove that he did leave the country!)

[ladywhite 0]

As far as the US Govt is concerned, you are still here accumulating illegal presence. This will cause you big grief on future visa applications. Search (sorry, I dont remember where) the USCIS, CBP, DOS web sites, or just google for it/ There is an address (in KY I believe) where you send the I-94 along with proof of when you left so that they can correct your record, and "log" you out of the US.

Yup, it's this address, it was in the link I posted, along with other instructions on what to do...

ACS-USCBP, SBU, P.O. Box 7125

London KY 40742-7125

USA

Given my case (as posted above as a response to the OP), do I need to send my I-94 back?

I have a printout from that machine that I believe did register my departure.

If I would like to find out more as to what I need to do, who should I get to contact?

Thanks for the help.

[ladywhite 0]

Ref: http://help.cbp.gov/cgi-bin/customs.cfg/ph...amp;p_topview=1

Question:

I did not turn in my I-94 when I left the U.S., what should I do?

Answer:

Failure to turn in your I-94 (or I-94W) when you leave the U.S. can create a serious problem. Without this record of your departure, you will be identified in our records as an "overstay." Being identified as an overstay means that you will be denied re-entry into the U.S. If you failed to turn in your I-94, please send it - along with any documentation that proves you left the U.S. to ACS Inc.1084 South Laurel Rd., London, Kentucky 40744.

Documentation to prove your departure can include the boarding pass from your flight. If you exited the country by a land border it is much harder to verify that you did- in fact - leave the country on the date you claim. If you have any documentation of your arrival in your home country (i.e. passport stamp), then you should send a copy of that. If the above office does not have any supporting documents to substantiate your claim to have left the U.S. on a certain date, there is no guarantee that you will be entered into the record as having done so.We strongly urge you to keep a copy of what you send to ACS Inc. and to carry it with you the next time you come to the U.S. in case the CBP officer has any questions about your eligibility to enter.

If you want to confirm that your I-94 was received by ACS, please give them 4 months to process the paperwork. Then you can write the following address to determine whether or not your departure was recorded. If you turned in the I-94 when you left the U.S. as required, please do NOT request confirmation that it is on file. This process is only for people who did not turn in the I-94 when they exited the U.S.

You will need to provide your name, date of birth, passport number, and date of departure, in addition to asking whether or not your departure was recorded. U.S. Customs and Border Protection Air Sea Passenger Operations, Room 5.4D, 1300 Pennsylvania Ave., N.W., Washington D.C. 20229.

[fickmoley 0]

The first time I visited the US they didn't take the I-94 part from my passport when we left. The next time I visited though the officer at POE just took it out of my passport before putting the new one in. I'd have worried about it though if I'd known it could cause some problems. Now I always make sure it's taken out of my passport.