Did NOT Receive I-94 at POE for my K-1 Visa Activation

[ashenflowers 5]

Yep... you heard me. I received no I-94. To be honest, I had SO much on my mind, I didn't think to ask why they didn't staple any cards or forms to my passport. They STAMPED my passport, with my entry date, but that's it. She told me to keep my passport on me at all times, and I DID sign something, and had a finger print taken.... I don't know if that means anything. But, what am I supposed to do now when I file for AOS? I have no I-94 to photocopy and send to them, or whatever they need.

Also, how am I supposed to get an SSN now, without an I-94?

I'm not gonna lie, I'm really irritated about this. And before anyone suggests it, it is NOT feasible for me to get to my POE again... nor any border crossing really. I am in Southern California. There aren't any Canadian borders close. Let alone the fact that my POE was in Detroit, Michigan. Yeeeeah.... Getting back there is not happening.

Could I go to a local USCIS office or something, to obtain any information I need? I might have to drive into LA for that (about 2 hrs away, but that'd be worth it if it were to actually do anything).

Is there something different about Canadians that I've missed, and we don't need it? Or did they royally screw things up for me?

Edited January 13, 2010 by ashenflowers

[MrsCat 6]

Gah. Sorry Ashen. I don't have an answer but have a look at this link, maybe it's useful . . .

http://www.grasmick.com/security.htm#I%20DO%20NOT%20HAVE

[ashenflowers 5]

K, I figured I'd update this for anyone else who finds themselves in my position. I will keep you all posted, but please let me know if I you have any suggestions too.

I found

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

Which says:

Question

What to do if your I-94 is lost, has incorrect information, or was not stamped by a CBP Officer when you entered the United States

Answer

If your I-94 was not stamped with a departure date or was filled out incorrectly, you may go to a local CBP Deferred Inspection Site (DIS) or port to have it corrected. Many offices have limited hours for administrative work, so call ahead to make sure there will be someone available to help you.

If your I-94 is lost or stolen, you will have to replace it. You will need to contact U.S. Citizenship and Immigration Services (USCIS) at 1-800-375-5283 and apply for a new I-94. Canadians are not routinely issued an I-94 for business or pleasure travel.

If you have filed an extension with USCIS and the new I-94 you received has errors, the correction must be done by USCIS.

I also found https://help.cbp.gov/cgi-bin/customs.cfg/ph...amp;p_topview=1

which says:

Question

I want to extend or change my nonimmigrant status, but I was not given an I-94

Answer

If you wish to extend your authorized period of stay in the United States or change your nonimmigrant status (visa classification), you will need to file an Application to Extend/Change Nonimmigrant Status (I-539 Form) with U.S. Citizenship and Immigration Service (USCIS). You will be asked to submit your original I-94 Form upon filing the application. If you were not given an I-94 Form when you were legally admitted to the United States, please file an I-102 Form. You will need to provide USCIS with proof that you were legally admitted to the United States. A stamped copy of your passport and copies of travel tickets, if applicable, should suffice. Be sure to file the I-102 Form at the same time you submit your I-539 Form to extend/change your nonimmigrant status. You can obtain these forms and information on how to file the application on the USCIS website.

[ashenflowers 5]

Sorry for the multiple posting. It would appear that I need to file for I-102, which carries a fee of $320, and processing time of 2.5 months (average), from what I've found online. I'm actually quite furious. Some CBP official's mistake is costing us this HUGE expense and HUGE delay?!? And now I don't even know if we will get what we need in time to file AOS before 90 days from our POE is up? We're getting married next week, but I don't know if we'll end up in trouble for not filing AOS immediately. I really don't want to wait that long for this. Not to mention we'd have to wait that much longer for me to have what I need to file for EAD and AP, and a SSN!??! #######?!? I'm seriously upset. I don't know what to do. We don't have the luxury of time or money right now... They might as well have told us we were denied... that's basically what this feels like right now...

[TimandJoyce 1]

Oh my gosh Ashen!! I'm very sorry you're going through this.. . I would still file AOS after you get married, and write a letter explaining what happened about the I-94 and that you're doing your best to replace it ASAP. You'll probably get an RFE which hopefully will buy you a little time to clear up. I'm sure there is another solution other that the expensive one.

Did you happen to post this in another forum? Perhaps there is someone else that had the same thing, or knows of someone who did.

((((hugs))))

Oh, and if you need an SSN for your marriage license, you can use your alien # instead. At least that's what I could have used here if I didn't have a SSN.

[Carlawarla 1]

You have a K-1 visa in your passport, along with a entry stamp. While it's really frustrating not to have gotten an I-94 stapled in your passport, I'd personally do nothing and marry, and apply for AOS without it. The entry stamp should be all you need. As Tim&Joyce have said, write a note in your AOS application saying you were not given one. I'd not be paying for ANYTHING that they forgot to give you at this point.

There does appear to be some phone numbers there that you can call. I'd try and get a hold of someone in administration if you're really worried, otherwise, I'd not bother with the I-94. They DID stamp your passport, so your entry date is on there.

[F & J 21]

The I-94 was given to me by the cabin crew in-flight, an hour before the plane landed. Then at my POE (Detroit, MI), the Immigration Officer specifically asked for the I-94 when I handed him my passport. He stapled it on the page right next to my K-1 visa.

Just to be safe, it might be better to request for an I-94 to be issued to you but $320 is a LOT of money.

Maybe you can call the USCIS National Customer Service Center or schedule an INFOPASS appointment and see if there's another alternative?

Edited January 13, 2010 by Fatima and Jim

[Carlawarla 1]

The I-94 was given to me by the cabin crew in-flight, an hour before the plane landed. Then at my POE (Detroit, MI), the Immigration Officer specifically asked for the I-94 when I handed him my passport. He stapled it on the page right next to my K-1 visa.

Just to be safe, it might be better to request for an I-94 to be issued to you but $320 is a LOT of money.

Maybe you can call the USCIS National Customer Service Center or schedule an INFOPASS appointment and see if there's another alternative?

I didn't think of that Fatima and Jim...that might be a great idea!

[Krikit 1,164]

You have a K-1 visa in your passport, along with a entry stamp. While it's really frustrating not to have gotten an I-94 stapled in your passport, I'd personally do nothing and marry, and apply for AOS without it. The entry stamp should be all you need. As Tim&Joyce have said, write a note in your AOS application saying you were not given one. I'd not be paying for ANYTHING that they forgot to give you at this point.

This is exactly what I would do. Also document any attempt you make to get one and include that. Do not be apologetic. It is their error, not yours.

[milimelo 4,486]

Couldn't you call the CBP at LAX or whatever other airport is close to you, talk to the CBP (yes, you can get a hold of them, I called one at O'Hare for my friend's I-94 that was never taken from her passport when she left the US) and go from there?

I am sure there is an option for you to go there and get a new I-94 issued to you WITHOUT having to pay big bucks as you never really had it so it's not lost or mutilated.

[Kathryn41 3,205]

Did you go to the closest border inspection station? There should be one at the airport - and explain to them what happened, showing them your stamped passport? You really shouldn't have to pay for their mistake - you are owed an I-94 - you are not replacing one. I do know I have heard of others on VJ who did not receive an I-94 and went to the deferred inspection station closest to them and got one. I think the fee to pay for one is if you entered and normally don't receive an I-94 - like a visiting Canadian - and can get an I-94 later as documentation of entry. When it is supposed to be issued - and it is only $6 or 7 dollars - that is a different issue. Please Give that a try. Go in person and talk with someone, don't just read what it says because I suspect that is for a different purpose.

Edited January 13, 2010 by Kathryn41

[Sam and Ben 2]

From: For Non-Immigrants: How to Replace an I-94

What if my Form I-94 has incorrect information on it?

If your Form I-94, Arrival-Departure Record, was issued by U.S.

Customs and Border Protection (CBP) (at a port of entry) and it has

an error, you should go to the nearest CBP Office with proof of entry

or admission and the Form I-94, and request a new Form I-94.

If the Form I-94 was issued by USCIS (at a local USCIS office or

from a USCIS Service Center) and it has an error, you should go to

a USCIS local office and request a new Form I-94. If the officer at

the local office is not convinced that the Form I-94 was issued in

error, the officer may advise you to file a Form I-102, Application

for Replacement/Initial Nonimmigrant Arrival Departure Document.

The stamp is $6. I would not be paying anything over that for their error.

Call USCIS and see if, though they weren't the ones to overlook issuing you one, perhaps they will still correct the error. Or at least they can make note that you are missing one and allow you obtain one by other means (perhaps the airport, as Kathryn suggested).

[SapphireDreams 71]

Firstly, take a deep breath. This will get figured out and you won't have to spend a lot of money or drive back to the border.

I think your first step is to get in touch with the closest border inspection station... which isn't necessarily close to the border. They can probably help you. If that doesn't work, I'd schedule an INFOPASS and then if that doesn't work, I'd just apply without it and write a letter explaning the situation.

[minnew 4]

This will all get straightened out Ashen, just please take a deep breath!

As others have suggested I would first try the defered inspection at nearest airport. This has happened to other VJ'ers and a trip to deferred inspection got it all worked out.

[ashenflowers 5]

I looked it up last night when I was posting about it, but didn't give the info. I found that the closest deferred inspection stations are in L.A., which as I mentioned, is about an hour and a 1/2 to 2 hour drive from here, depending on traffic. sigh. It's not THAT far, but still. I'm pretty sure that's the nearest infopass location as well. I have not been there yet, as we've been really busy in the past 4 days getting everything together for the house since my fiance didn't live on his own before I got here (he just moved mid-December and the apartment had nothing... no furniture, no food, no shower curtain or dish rack or any accessories like that... $500 later, plus $450 of groceries that his mom bought us, and I think we're good for now, finally...). I'm going to test my luck and call the customer service line, and see if they can help first.

Thanks for the tips everyone. On the instructions for the I-102 it does say that if I'm requesting a correction due to a USCIS error I don't have to pay the fee, but I'm not sure they consider this the same thing. I mean yes, they made an error, but it's not like they issued me something with incorrect info. Either way, it takes 2.5 months to process, according to their time table, and I'd rather not wait that long to file for everything. Though, I guess depending on what they say I'd have no choice. I'm sure though if people have been able to get an I94 from the deferred inspection stations, then I should too. So that gives me some hope.

Luckily I don't need to have a SSN to get a marriage license here, but I do need the I-94 for the EAD and AP application as well, and I don't know if it's possible that ALL forms would be lenient on the lack of I-94. I'm a little hesitant to attempt filing without the I-94. Simply because the instructions flat out ask for a copy of it. Who knows. On the plus side, my passport looks quite new, even though it's a few years old, so it's clear to see that nothing was stapled to it, and they even wrote K1 on the stamp, so they KNEW they were processing me for K-1. I didn't enter via the airport, I entered by driving across the bridge, and was never given anything to fill out. Just one thing I had to sign.

I guess I won't be getting a bank account any time soon.

On top of receiving the 'oops' canceled visa in my passport as well, I should be able to provide some great examples on how people really need to be careful and know the process inside and out (thought I did, but obviously not) and NOT trust anyone working in this process. This is ridiculous. Anyway, I'll let everyone know how it goes.

I'll just toss this in as a side.... the day after we arrived in California (after a 5 day drive here), my fiance went to work and was fired. I was supposed to be able to get a job where he worked once I received my EAD, so basically I've also lost the job I would've had. So.... that's not helping.... I'll post about that on another thread. lol... yeah.....