I-94 w/ Incorrect Passport Number

[Mike235711 0]

Hi Everyone, 

 

I'm helping my wife fill out the I-130 currently for an AOS from B-2 visa. 

We're running into some trouble with the I-94 section. 

 

The situation is this: 

 

Her visa was issued in 2012

Her passport expired in 2016

She got a new passport, but the visa cannot be transferred to new passport.

 

So, my wife was using 2 passports to travel to the US in 2019.  

The new passport is active but the old passport has the visa. 

 

It appears that CBP entered the old passport (expired) on the I-94.

Everything else on the I-94 seems fine. 

 

My question is: 

 

Should I enter everything on the I-130 exactly as it's written on her I-94? 

This will mean that the passport number given for the I-130 will be an expired passport. 

 

Or would it be better to list the active passport but include the correct dates and arrival number from the I-94? 

 

Either way, I can include a letter explaining the situation. 

Thanks in advance for any advice!

 

Mike

 

 

 

 

 

 

 

 

 

[Nitas_man 3,100]

24 minutes ago, Mike235711 said:

Hi Everyone, 

 

I'm helping my wife fill out the I-130 currently for an AOS from B-2 visa. 

We're running into some trouble with the I-94 section. 

 

The situation is this: 

 

Her visa was issued in 2012

Her passport expired in 2016

She got a new passport, but the visa cannot be transferred to new passport.

 

So, my wife was using 2 passports to travel to the US in 2019.  

The new passport is active but the old passport has the visa. 

 

It appears that CBP entered the old passport (expired) on the I-94.

Everything else on the I-94 seems fine. 

 

My question is: 

 

Should I enter everything on the I-130 exactly as it's written on her I-94? 

This will mean that the passport number given for the I-130 will be an expired passport. 

 

Or would it be better to list the active passport but include the correct dates and arrival number from the I-94? 

 

Either way, I can include a letter explaining the situation. 

Thanks in advance for any advice!

 

Mike

 

 

 

 

 

 

 

 

 

Passport number is current, active passport

 

IF you check here 

 

https://i94.cbp.dhs.gov/I94/#/home?utm_source=google&utm_medium=google&utm_term=(not provided)&utm_content=undefined&utm_campaign=(not set)&gclid=undefined&dclid=undefined&GAID=464136.1601340576

 

You should be able to verify that she entered on her new passport.  At least that should be the one the agent scanned.

 

Edited September 29, 2020 by Nitas_man

[irishoxford 39]

You may be able to use Deferred Inspection to get an amended I-94:

https://www.cbp.gov/contact/ports/deferred-inspection-sites