I-94 UPDATE...ADVICE NEEDED

[Paul_Light 0]

Dear ALL

Many thanks for your helpful comments so far.

We've decided to apply for the K1.

BUT, I think I've missed something.............................

Because I returned from Mexico on 2 August 2006 I have a new I-94 in my passport with that date.

Does that mean I have 90 days from 2 August 2006 - eventhough I had to show my return flight details of 27 August 2006 to regain entry to the U.S.?

Can I just re-schedule my return flight to 30 October 2006 or will that upset immigration and hamper the K1?

Thanks

Paul

[JenT 0]

Congratulations on your engagement!

Your post is very confusing though.... which is perhaps why no one has answered it yet. You flew from the UK to MX to meet your fiance and are now back in the UK? Or are you in the US??

I'm assuming you're back in TX then...

So you're questioning your VWP status... you were originally supposed to leave the US on on 8/27 because of your original entry from the UK and now that you have gone to MX from the US and returned to the US with a new date stamp in your passport, you're wondering if the 90-day clock starts all over again?

Do I have that right???

If so, check this link:

http://www.cbp.gov/xp/cgov/travel/id_visa/vwp/vwp.xml

Your original 90-day timeline is the timing that stands. If you remain, you will be over-staying your visa. That will not be looked kindly upon... Don't risk it.

Jen

Edited August 10, 2006 by JenT

[Paul_Light 0]

Congratulations on your engagement!

Your post is very confusing though.... which is perhaps why no one has answered it yet. You flew from the UK to MX to meet your fiance and are now back in the UK? Or are you in the US??

I'm assuming you're back in TX then...

So you're questioning your VWP status... you were originally supposed to leave the US on on 8/27 because of your original entry from the UK and now that you have gone to MX from the US and returned to the US with a new date stamp in your passport, you're wondering if the 90-day clock starts all over again?

Do I have that right???

Jen

Sorry Jen,

That's right.

UK-US - 5 June 2006

US-MX - 29 July 2006

MX-US - 2 August 2006

So, I had to show the POE my return ticket for 27 August 2006 for re-entry to the U.S.

Does it matter if I miss that flight and re-book a ticket for 30 October 2006.

It would mean less time apart whilst we file the K1.

Thanks

Paul

[JenT 0]

Congratulations on your engagement!

Your post is very confusing though.... which is perhaps why no one has answered it yet. You flew from the UK to MX to meet your fiance and are now back in the UK? Or are you in the US??

I'm assuming you're back in TX then...

So you're questioning your VWP status... you were originally supposed to leave the US on on 8/27 because of your original entry from the UK and now that you have gone to MX from the US and returned to the US with a new date stamp in your passport, you're wondering if the 90-day clock starts all over again?

Do I have that right???

Jen

Sorry Jen,

That's right.

UK-US - 5 June 2006

US-MX - 29 July 2006

MX-US - 2 August 2006

So, I had to show the POE my return ticket for 27 August 2006 for re-entry to the U.S.

Does it matter if I miss that flight and re-book a ticket for 30 October 2006.

It would mean less time apart whilst we file the K1.

Thanks

Paul

Yes, it matters. You have 90 days from 6/5 on the VWP. I'm not going to count, but that's 8/27, right? If you re-book, you will be over-staying and your K1 may be at risk.

When David came in May, the CBP officer warned him that he'd better be on the plane when he was scheduled or he was at risk for his K1... and he was only scheduled to be here for 4 weeks...

Jen

[Paul_Light 0]

Congratulations on your engagement!

Your post is very confusing though.... which is perhaps why no one has answered it yet. You flew from the UK to MX to meet your fiance and are now back in the UK? Or are you in the US??

I'm assuming you're back in TX then...

So you're questioning your VWP status... you were originally supposed to leave the US on on 8/27 because of your original entry from the UK and now that you have gone to MX from the US and returned to the US with a new date stamp in your passport, you're wondering if the 90-day clock starts all over again?

Do I have that right???

Jen

Sorry Jen,

That's right.

UK-US - 5 June 2006

US-MX - 29 July 2006

MX-US - 2 August 2006

So, I had to show the POE my return ticket for 27 August 2006 for re-entry to the U.S.

Does it matter if I miss that flight and re-book a ticket for 30 October 2006.

It would mean less time apart whilst we file the K1.

Thanks

Paul

Yes, it matters. You have 90 days from 6/5 on the VWP. I'm not going to count, but that's 8/27, right? If you re-book, you will be over-staying and your K1 may be at risk.

When David came in May, the CBP officer warned him that he'd better be on the plane when he was scheduled or he was at risk for his K1... and he was only scheduled to be here for 4 weeks...

Jen

But Jen

I have a NEW I-94 in my passport dated 2 August 2006.

The "old" one was removed when I went to Mexico.

So, I'm guessing, that it IS like starting over. Because I leaft the U.S. and went to Mexico I effectively "used" the original visa.

To clarify, the NEW I-94 is NOT dated with a "leave" date.

Paul

[gag54611 1]

Paul,

You said

So, I had to show the POE my return ticket for 27 August 2006 for re-entry to the U.S.

If what you wrote is exactly what happened, then your question seems to be answered. If the POE officer wouldn't admit you when you returned from Mexico until you showed him that ticket, then you better use that ticket. Was he interested in the date on the ticket, or just that you had a ticket?

The POE officer should have put a date on the new I-94. Whatever date it is, is the date by which you must leave.

G

[Paul_Light 0]

Paul,

You said

So, I had to show the POE my return ticket for 27 August 2006 for re-entry to the U.S.

If what you wrote is exactly what happened, then your question seems to be answered. If the POE officer wouldn't admit you when you returned from Mexico until you showed him that ticket, then you better use that ticket. Was he interested in the date on the ticket, or just that you had a ticket?

The POE officer should have put a date on the new I-94. Whatever date it is, is the date by which you must leave.

G

He was interested in the fact that I had a return ticket. I have no way of knowing if he was interested in the specific return date.

There is NO date on the I-94. Just the official stamp dated 2 August 2006.

Paul

[rebeccajo 14]

Having no date on your I-94 doesn't mean squat. My husband had no date stamped on his either the second time he came over. That's just a CBP officer being lazy.

90 days is 90 days. You entered the US from the UK and passed through USVISIT and that's how they are tracking you.

BTW, congratulations on taking Boiler's advice.....LOL

[JenT 0]

Paul,

You said

So, I had to show the POE my return ticket for 27 August 2006 for re-entry to the U.S.

If what you wrote is exactly what happened, then your question seems to be answered. If the POE officer wouldn't admit you when you returned from Mexico until you showed him that ticket, then you better use that ticket. Was he interested in the date on the ticket, or just that you had a ticket?

The POE officer should have put a date on the new I-94. Whatever date it is, is the date by which you must leave.

G

He was interested in the fact that I had a return ticket. I have no way of knowing if he was interested in the specific return date.

There is NO date on the I-94. Just the official stamp dated 2 August 2006.

Paul

Paul,

The key phrases are the ones highlighted below... it does sounds, then, as if you were granted new admission date.

Jen

Quote from Customs Border Control web Site:

Q: Can a VWP applicant for Admission Be Readmitted To the United States Follwing a Short Trip To an Adjacent Island, Canada, or Mexico?

A: Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period. This is provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in which case the inspecting officers have the discretion to grant the applicants entirely new periods of admission.

The VWP applicant is admissible and may be readmitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands provided the person:

Can identify an authorized period of admission that has not expired,

Plans to depart the United States prior to the expiration date of their period of admission,

Presents valid, unexpired passports which reflect admission to the United States under the VWP, and

Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (Act), with the exception of arrival on a signatory carrier.

[rebeccajo 14]

Jen, what makes you think he has been granted a new admission date? The lack of a new exit date on his I-94? That in and of itself means nothing.....

[JenT 0]

Jen, what makes you think he has been granted a new admission date? The lack of a new exit date on his I-94? That in and of itself means nothing.....

He's got a new I-94 with 8/2 as the date.... how else would a new admission date, as I highlighted in the link, be reflected then, if one were granted?

As you saw, I took the same position and you but then second-guessed once I re-read the CBP Q&A page...

Jen

Edited August 10, 2006 by JenT

[zyggy 9]

As JenT mentioned, in repsect to the VWP travel from within Mexico, Canada or the Carribean islands and subsequent re-entry does not result in a new 90 days. You must leave the US 90 days from your original date of entry...

So Paul in your case, you must leave the US on or before your 90 days deadline... 27 August.. If you leave after, you will have exceeded the priod of authorized stay and will be in the US illegally...

If you have any time in the US illegally, you forfeit your right to US VWP at any time in the future and will require a B visa to be able to enter the US...

There should be a stamp in the passport that reflects the original period of authorized stay date. The same date should have been entered on the I-94 and on the new stamp in the passport...

Even if you didn't.. your travel will be in the CBP database and will appear when the passport is scanned..

Edited August 10, 2006 by zyggy

[rebeccajo 14]

Jen it's not his I-94 that has a new date on it. It's his passport.

[JenT 0]

Jen it's not his I-94 that has a new date on it. It's his passport.

Ah ha...

In that case, I stand by my original position.

Thanks!

Paul - we all understand and appreciate that you want to be with your fiancee... trust me. If you've been paying any attention at all to the other threads here, you should know that. If you persist with your reluctance to accept the rules, you should also be prepared to accept the consequences and not post your "what do I do NOW' questions here, after you've been warned.

Edited August 10, 2006 by JenT

[Paul_Light 0]

Thanks again for ALL of your input.

I have an appointment with an Immigration Attorney in the morning who is going to inspect my passport and all of the relevant stamps / dates etc.

Paul