HELP- Just got RFE for I-131, Advance Parole, due to departure of US prior to approval of I131- which I didn't!

[jsp1001 0]

I was admitted to US as a K1 visa holder.

Got married on Aug 5th. All my documents for AOS and EAD+Advance Parole have been sent on Sept 5th.

Got a notification for Finger Prints on Sept 13th and went to get the biometrics taken on Sept 29th as scheduled.

And have been waiting since then without anything from USICS.

Today I just got a letter from USCIS saying they cannot process my Advance Parole since I departed prior to the approval of Advance Parole, which clearly I didn't do.

Upon receiving the letter, I immediately called NCSC (National Customer Service Center) and got ahold of someone.

Explained my situation and he put me on hold for 'next level representative'.

And I was on hold for 2 hours and 30 something minutes... and finally was able to speak to some guy.

He looked up my case and said I should disregard the letter??! since in the system my case is still under the review.

I asked if I can get some type of written documentation so that I won't get disadvantaged later by ignoring the RFE.

He said they cannot send me anything.

Then said I should write the USCIS office a letter explaining my situation with copies of my k1 visa, Passport, RFE letter..

(He said something along the line of saying I am a K1 visa holder and didn't leave the States blah blah.. which didn't really help me..and made me more confused- why did he say I should disregard the letter??)

However, I just found out that on my travel record on i-94 website there is a departure recorded on 9/11/2014 (as below).

click to enlarge

It just has departure date without where port of exit was. ?!!

I'm assuming that must be the reason why I got the RFE.

There must have been some kind of mistake on the system apparently.

What do I need to present for the evidences that I didn't depart the US since arriving here as K1 visa holder?

Currently I am thinking

- Domestic Travel Records dating in between June 25th to present (airplane tix, hotel and car reservation receipts..)

- ASC Appointment Notice (Biometrics Appointment) with the processing stamp on it (showing that I showed up for the appt on 9/29)

- Bank account records (my debit card record showing my spending history in US since arrival until present)

Please let me know if anyone has been in a similar situation and what to do...

Thanks for all your help.

J

Edited December 6, 2014 by jsp1001

[KayDeeCee 4,893]

Did you use a round trip plane ticket when you entered with the K-1? If you did, did you ever cancel the return flight?

You need to contact the CBP about the mistake on your I-94 record. http://www.cbp.gov/contact/deferred-inspection/overview-deferred-inspection

And make an Infopass and take evidence you did not depart. If it had to do with a round trip ticket you never canceled, then you need to contact the airline about the fact you never used that ticket. http://www.uscis.gov/save/benefit-applicants/how-correct-your-records-0

[jsp1001 0]

Did you use a round trip plane ticket when you entered with the K-1? If you did, did you ever cancel the return flight?

You need to contact the CBP about the mistake on your I-94 record. http://www.cbp.gov/contact/deferred-inspection/overview-deferred-inspection

And make an Infopass and take evidence you did not depart. If it had to do with a round trip ticket you never canceled, then you need to contact the airline about the fact you never used that ticket. http://www.uscis.gov/save/benefit-applicants/how-correct-your-records-0

Thanks KayDeeCee,

Yes I bought a round trip ticket when I was coming over here. But the departure date is not until Dec 24th. Does it still matter? Is rescheduling the return date to a further date going to help my case at all?

And yes I will contact CBP and make an Infopass...

Again thank you so much for your help!

J

[KayDeeCee 4,893]

Use the round trip ticket with the Dec. 24th date as proof you did not leave on the 11th of Sept. If possible, get confirmation from the airline that you did not use the ticket and depart the US.

[steve n songsang 45]

jsp1001...I hope you will soon resolve your problems....for others who may read this, Songsang came on a round trip ticket, after her arrival we canceled the return portion AND copied the cancellation in cause we encountered any problems.

[misstlc 0]

Hello there! I have the similar situation! I got RFE for I131 as well but not sure if that's because my flight booking record to asia which I cancelled once I realized that I wasn't supposed to leave or it's because I instead flew to Puerto Rico which is a part of the U.S.. I made some copies of my flight cancellation email and charges plus my PR boarding pass, will send them out soon but I would like to know how you were handling the situation? Maybe we can share some experiences? I would be appreciate it if you could respond =) Thanks!

Also, my I94 paper was taken last time when I entered the country but I found out my travel record on i-94 website there is also a departure recorded on a date which I didn't leave. Did you do anything to clarify this issue? Please let me know, thanks!

[jsp1001 0]

Hello there! I have the similar situation! I got RFE for I131 as well but not sure if that's because my flight booking record to asia which I cancelled once I realized that I wasn't supposed to leave or it's because I instead flew to Puerto Rico which is a part of the U.S.. I made some copies of my flight cancellation email and charges plus my PR boarding pass, will send them out soon but I would like to know how you were handling the situation? Maybe we can share some experiences? I would be appreciate it if you could respond =) Thanks!

Also, my I94 paper was taken last time when I entered the country but I found out my travel record on i-94 website there is also a departure recorded on a date which I didn't leave. Did you do anything to clarify this issue? Please let me know, thanks!

Hey Misstic,

Wow that's very similar to the situation I am in!

I just called the NSCS customer rep line today again, got better answers (But it's basically everything what KayDeeCee told me).

Just like what KayDeeCeesaid above, we need to make a INFOPASS appointment at our local USCIS office. (go to www.uscis.gov and click on 'make appointment' icon in the middle right)- And bring all necessary documents to prove that you never departed the US there to the appt.

Also contact CBP to fix the departure record. (You can go to http://www.cbp.gov/contact/deferred-inspection/overview-deferred-inspection, Contact your local Deffered Inspection Site nearest to you to fix the error on your travel history.)

Also there is Free Legal Help offered by the government, in case you need to consult with an attorney.

http://www.justice.gov/eoir/probono/states.htmis the address to see what's available in your area.

Good Luck and please let me know if you find out anything in your end.

Thanks!

J

Edited December 8, 2014 by jsp1001