About to file AOS but i-94 shows incorrect travel history. Will this create problems???

[whitty2812 12]

I entered the country on the VWP visiting my wife, and while here our i-130 has been approved. We have decided to file for AOS.

While checking my i-94 it shows that the travel history is incorrect.

Travel History:

Departure: 2014 July 17 ATL - ATLANTA, GA

Arrival: 2014 June 05 ATL - WILLIAM B HARTSFIELD

Departure: 2014 April 27 ORL - ORLANDO, FL

Arrival: 2014 January 29 MCO - ORLANDO

The problem is, I told the CBP officer I was leaving on July 17, which at the time was correct, but during my visit we decided to extend my trip. Then we received the NOA2 for i-130. I am still in the USA and my passport stamp allows me here until September 2nd 2014. We are filing AOS in person long before Sept 2nd, around two weeks before.

Will this incorrect travel history affect our application???

Edited August 8, 2014 by whitty2812

[Mollie09 1,543]

It might. Go to the nearest CBP office and have them correct the issue.

[Ryan H 3,812]

Did you tell the airline you were extending your stay? It's possible they had you in the manifest and that is why you are shown to be leaving.

As the previous poster stated, contact CBP and get this corrected.

[Harpa Timsah 13,258]

I don't think it matters. Overstay is irrelevant for spouses of USCs who adjust in country. So even if it was correct, it would not be a problem. It's possible he meant to stamp you until then, since you just had a long 3 months trip in the US. Either way, it's not a bar to AOS.

[whitty2812 12]

Thank you all for the responses! From what I've read I didn't see it as a problem, but wanted the advice from more experienced people. Thank you!!!

[Mollie09 1,543]

I don't think it matters. Overstay is irrelevant for spouses of USCs who adjust in country. So even if it was correct, it would not be a problem. It's possible he meant to stamp you until then, since you just had a long 3 months trip in the US. Either way, it's not a bar to AOS.

It's not really an overstay issue, it's more of an "entrance without inspection" issue. If the travel history shows someone left, it means they were on a flight manifest, so there's a record of them leaving the country, but not entering, and it could cause a problem because it could indicate entrance without inspection. My mother was sent to secondary inspection at POE for this very issue a while ago, and the burden of proof falls on you since they have "proof" you left.

Edited August 8, 2014 by F1H1I130

[whitty2812 12]

I definitely called the airline and cancelled the flight. But I only did this a few hours before the flight. Therefore I may have been on the manifest. I will call CBP now! Thanks F1H1l130!

But when I contact them, are they going to ask when I'm planning to leave??? As I have no flight booked and don't intend to leave.... Will they try to deport me?

Edited August 8, 2014 by whitty2812

[Mollie09 1,543]

I definitely called the airline and cancelled the flight. But I only did this a few hours before the flight. Therefore I may have been on the manifest. I will call CBP now! Thanks F1H1l130!

But when I contact them, are they going to ask when I'm planning to leave??? As I have no flight booked and don't intend to leave.... Will they try to deport me?

You are still within the 90 days, so they probably won't bring it up.

Just say that you see their system showing incorrectly that you left and that you are still in the country. Period.

[whitty2812 12]

Thanks F1H1l130 !!

[Jadacue 4]

Sorry posted that on accident. I was gonna say I have the same problem. Let us know what they say when u called them.

[Harpa Timsah 13,258]

If the issue is that you worry that the airline did not update the flight manifest and mistakenly recorded your exit, then this could have happened before electronic I-94s and you wouldn't know. You would still have filed AOS, and worst case, you would have been asked to show that you did not exit the country. I think this is a case of too much useless knowledge making people go on wild goose chases.

The issue to fix would be with the airline anyway, not CBP.

If it is just that the officer inputted the date wrong, then it is simple overstay, which is not a problem.

[whitty2812 12]

They said that as I had a round trip ticket the airline had to record it and bla bla bla.... etc.

He said if I am filing for AOS, the incorrect travel log for i-94 is irrelevant. He said it really doesn't matter. Better safe then sorry! Hope that helps Jadacue.

[Brit Abroad 166]

It's not really an overstay issue, it's more of an "entrance without inspection" issue. If the travel history shows someone left, it means they were on a flight manifest, so there's a record of them leaving the country, but not entering, and it could cause a problem because it could indicate entrance without inspection. My mother was sent to secondary inspection at POE for this very issue a while ago, and the burden of proof falls on you since they have "proof" you left.

Flight manifest records are taken from the plane AFTER the head count is done and before the doors are closed and set to lock, and then reconciled with the boarding passes taken at the gate. You would not appear on a flight manifest unless you were locked and loaded onto that flight.

It looks like CBP are working from your original stated date of departure. A quick visit to the local office will enable you to fix it.

[Harpa Timsah 13,258]

Flight manifest records are taken from the plane AFTER the head count is done and before the doors are closed and set to lock, and then reconciled with the boarding passes taken at the gate. You would not appear on a flight manifest unless you were locked and loaded onto that flight.

It looks like CBP are working from your original stated date of departure. A quick visit to the local office will enable you to fix it.

We have had reports here of flight manifests being wrong; even a few where the person's AOS was denied because a flight manifest said they had left when they hadn't (the people were able to overturn the denial based on error). I am sure it is exceedingly rare (and dangerous for security and other things) but it has happened.

[Brit Abroad 166]

Then it's a discrepancy between what the airline is required to provide by FAA regulation and what CBP correlates and enters onto their system. Not much anyone can do about that, other than make sure that they cancel unused portions of return flights and verify the I-94 is still open if they are on a non-immigrant visa.

In many respects it's like checking your passport at the gate and the green I-94 not being removed by airline staff at the end of a visit, or the old style departure booths where you were supposed to swipe the passport and fingerprints before leaving the US. Humans are remarkably fallible, especially when little, if any, instruction is given.