No I-94, wants to stay full 6 months

[dontbeamenace 0]

Hi everyone, I searched and searched for an answer to this but our case may be unique.

 

My SO is from Ecuador and has been here with me, a US citizen, in the USA for a month and a half. She had complained that the agent at entry did not stamp her. I said it was fine because I know about electronic I-94s. Well, I looked yesterday and she has no I-94 record at all and I tried several different configurations of her name to search. So the thing to do is go to a deferred point of entry which they do have one in my state (I am not willing to go to Miami, where she originally entered).

 

I am hesitant to go to a deferred entry location because she has stayed past her return ticket that she had originally purchased. I am worried that she will be put through another interview and during that interview her not having a return ticket will be viewed as suspicious. She also no longer has the job that she had when she originally came, which means to me that her answers are a little suspect in a re-interview/interrogation. She has no plans to overstay the 6 months allowed on her new visa, but she does not want to leave yet, be told to leave with a short period of time, or worse just be deported on the spot or flagged for not having a job to return to nor a return ticket (both things she had when she landed in Miami). 

 

I have a few questions:

 

1. Do we actually even HAVE to go to get the I94? Will not having I94 hurt us in any way?

2. Or should I buy a return ticket for her now (for a few months from now)  and send her to her re-interview with no fear?

3. If I am way off in my thinking...What do they even do at a deferred inspection? 

4. Basically what are her chances if she meets with them that its not a big deal and they will give her a proper I94?

 

Any help you can give would be really appreciated. She is very worried and we do not want to jeopardize future visits to me as well as have her leave so soon. 

 

 

[Boiler 45,913]

How do you know she was admitted for 6 months?

[dontbeamenace 0]

1 minute ago, Boiler said:

How do you know she was admitted for 6 months?

Sorry, I wasn't clear. I have no idea how long she is admitted for. I just know she has a new B1/B2 visa and wants to stay for around the full 6 months..but i am aware that visa is different than the I94

[Boiler 45,913]

I do not think you have much choice, she probably was admitted for 6 months but you do not want to jeoparodise her newly minted B2 by overstaying.

[SusieQQQ 11,587]

59 minutes ago, dontbeamenace said:

Well, I looked yesterday and she has no I-94 record at all and I tried several different configurations of her name to search.

This is a strange statement. You should be filling in the details exactly as they ask: using her passport number/country of issue, birth date, and her first & last name as it is on her passport.  If she really has no i94,  you need to get this sorted out ASAP if you don’t want to jeopardize her visa or any future visits.  Yes, there is a risk that she gets asked to leave immediately if they find out the details (job, return ticket) she presented to enter no longer stand (and you have to admit it does look pretty suspicious), but isn’t that better than getting her visa revoked completely leaving her with very little chance of visiting again?

 

Curious, did you pick her up at the airport? Did she say anything then about not getting stamped, or how long did she take to raise the issue?

[Downloader 199]

I have to tell you that it is a weird situation:

She already stayed passed the date she said or at least what her return ticked said.

She suddenly lost her job during her trip. 

And now she has to go to CBP to clarify the issue of the admission period and no I-94

I would get curious if I was the CBP officer and probably they will too. Too many changes at once, life moves fast but this a tricky situation. 

She has to go to them no matter what to try to clarify the situation and avoid bigger problems or delays in the future. 

 

Good Luck

[Mollie09 1,543]

6 months is not guaranteed, she could've been given less and you wouldn't know. The consequences for overstaying are not something you should take lightly.

 

That being said, I've had to play around with names before (multiple last names) because what they entered didn't match my passport.

[carmel34 3,650]

Strange that she can't find her I-94 online.  Something is amiss that needs to be fixed now.  Go to the nearest CBP deferred point of entry (list on the CBP website) to get a proper I-94 or she risks an overstay and that would cause problems down the road, not worth the risk if she wants to visit or immigrate in the future.

[geowrian 22,338]

If you can't get an I-94 online, go to a CBP deferred inspection location to have them verify. Don't guess.

Edited December 12, 2019 by geowrian

[Duke & Marie 1,389]

9 hours ago, Downloader said:

I have to tell you that it is a weird situation:

She already stayed passed the date she said or at least what her return ticked said.

She suddenly lost her job during her trip. 

And now she has to go to CBP to clarify the issue of the admission period and no I-94

I would get curious if I was the CBP officer and probably they will too. Too many changes at once, life moves fast but this a tricky situation. 

She has to go to them no matter what to try to clarify the situation and avoid bigger problems or delays in the future. 

 

Good Luck

My thoughts too..

 

I have two questions following on from this..

 

1. How is she planning to support herself for the additional time she plans on staying? Usually if a legit tourist you have limited funds for a vacation.. adding months to this is not something that is generally possible without prior planning, unless your financially well off.. 

 

2. Has there been any indication or conversation of marriage?

 

Call me paranoid, but she might be leaning toward AOS

[Downloader 199]

7 minutes ago, Duke & Marie said:

My thoughts too..

 

I have two questions following on from this..

 

1. How is she planning to support herself for the additional time she plans on staying? Usually if a legit tourist you have limited funds for a vacation.. adding months to this is not something that is generally possible without prior planning, unless your financially well off.. 

 

2. Has there been any indication or conversation of marriage?

 

Call me paranoid, but she might be leaning toward AOS

Don’t worry....everybody is Paranoid around here. 🤔

[SusieQQQ 11,587]

1 hour ago, Duke & Marie said:

My thoughts too..

 

I have two questions following on from this..

 

1. How is she planning to support herself for the additional time she plans on staying? Usually if a legit tourist you have limited funds for a vacation.. adding months to this is not something that is generally possible without prior planning, unless your financially well off.. 

 

2. Has there been any indication or conversation of marriage?

 

Call me paranoid, but she might be leaning toward AOS

Lol, you come right out and say what the thinking behind my carefully vaguely worded questions was 😂

 

well, what part of the thinking was. Would love to know the backstory here 

[igoyougoduke 1,674]

22 hours ago, dontbeamenace said:

Hi everyone, I searched and searched for an answer to this but our case may be unique.

 

My SO is from Ecuador and has been here with me, a US citizen, in the USA for a month and a half. She had complained that the agent at entry did not stamp her. I said it was fine because I know about electronic I-94s. Well, I looked yesterday and she has no I-94 record at all and I tried several different configurations of her name to search. So the thing to do is go to a deferred point of entry which they do have one in my state (I am not willing to go to Miami, where she originally entered).

 

I am hesitant to go to a deferred entry location because she has stayed past her return ticket that she had originally purchased. I am worried that she will be put through another interview and during that interview her not having a return ticket will be viewed as suspicious. She also no longer has the job that she had when she originally came, which means to me that her answers are a little suspect in a re-interview/interrogation. She has no plans to overstay the 6 months allowed on her new visa, but she does not want to leave yet, be told to leave with a short period of time, or worse just be deported on the spot or flagged for not having a job to return to nor a return ticket (both things she had when she landed in Miami). 

 

I have a few questions:

 

1. Do we actually even HAVE to go to get the I94? Will not having I94 hurt us in any way?

2. Or should I buy a return ticket for her now (for a few months from now)  and send her to her re-interview with no fear?

3. If I am way off in my thinking...What do they even do at a deferred inspection? 

4. Basically what are her chances if she meets with them that its not a big deal and they will give her a proper I94?

 

Any help you can give would be really appreciated. She is very worried and we do not want to jeopardize future visits to me as well as have her leave so soon. 

 

 

Unless she came here illegally that agent not stamping seems like a story. it does not add up

[Duke & Marie 1,389]

1 hour ago, SusieQQQ said:

Lol, you come right out and say what the thinking behind my carefully vaguely worded questions was 😂

 

well, what part of the thinking was. Would love to know the backstory here 

Gotta say it how you see it is my theory 😂😂

[Duke & Marie 1,389]

29 minutes ago, Donald120383 said:

Unless she came here illegally that agent not stamping seems like a story. it does not add up

I’ve never received a stamp, 7 visits so far and not one... but my entry and more importantly exit is most definitely recorded on I-94... I’ll be entering again this Saturday, I may even check my i94 to see how long it takes to update with the new entry 😁

 

something isnt adding up with her story, and I also suspect, her desire to not leave after six months will be even greater... 

Edited December 13, 2019 by Duke & Marie