RFE 485

[heathabee 0]

Hi all! Thanks in advance for any advice any one can offer.

My husband (UK citizen)just received RFE for his 485. One thing that is driving us crazy is they are asking for his I-94. My husband is insisting that he never received one when he came to the US the last time. Today we went to our local office and the wonderful (not even sarcasm, she was actually really helpful) immigration officer went into the system with his passport and pulled up an I-94 from when he was here previously. It shows when he entered and when he left. I know they arent supposed to give us that information (especially since they charge $330 now to get this information) but she told us that was the only i-94 on file. My husband might actually be right that he did not receive an i-94 on his last visit to the states. the immigration officer told us that since he is a British citizen, it is not surprising that he didn't receive an i-94.

Here's the dilemma- the immigration officer said to just give the number for the past admission number that she gave us. This was we can get an interview and explain it at that time. I'm worried this wont be enough. The RFE states that it wants a copy of the i-94 or of his passport stamp. His passport was replaced (which is why I doubted his story about never getting an i-94)so it lacks a stamp. I'm very confused as to what to do. I cant file an i-102 because they will only be able to give me the i-94 that the immigration officer already gave me.

Any advice? If we do submit something and they want something else will we get a second RFE since this is just the request for initial evidence?

[heathabee 0]

I forgot to mention that the last time that he entered was in 2001, which is before the paperless ESTA system.

[goro 0]

I forgot to mention that the last time that he entered was in 2001, which is before the paperless ESTA system.

did he enter US under VWP? Before ESTA, people under VWP received I-94W at POE. However, recently some (or most) of immigration at airport does not provide it for VWP.

[Maxbar209 0]

Hi all! Thanks in advance for any advice any one can offer.

My husband (UK citizen)just received RFE for his 485. One thing that is driving us crazy is they are asking for his I-94. My husband is insisting that he never received one when he came to the US the last time. Today we went to our local office and the wonderful (not even sarcasm, she was actually really helpful) immigration officer went into the system with his passport and pulled up an I-94 from when he was here previously. It shows when he entered and when he left. I know they arent supposed to give us that information (especially since they charge $330 now to get this information) but she told us that was the only i-94 on file. My husband might actually be right that he did not receive an i-94 on his last visit to the states. the immigration officer told us that since he is a British citizen, it is not surprising that he didn't receive an i-94.

Here's the dilemma- the immigration officer said to just give the number for the past admission number that she gave us. This was we can get an interview and explain it at that time. I'm worried this wont be enough. The RFE states that it wants a copy of the i-94 or of his passport stamp. His passport was replaced (which is why I doubted his story about never getting an i-94)so it lacks a stamp. I'm very confused as to what to do. I cant file an i-102 because they will only be able to give me the i-94 that the immigration officer already gave me.

Any advice? If we do submit something and they want something else will we get a second RFE since this is just the request for initial evidence?

Hi, I'm not going to say i'm anywhere near an expert on this subject but

I think this link may Help as is came in on the Visa Waiver Program...check it out and make a call into the 800 Number or get another Infopass to verify..

https://help.cbp.gov/app/answers/detail/a_id/1190/kw/I-94%20number/session/L3NpZC9fVmwtc3o3aw%3D%3D In less words

If you need an I-94W to obtain a benefit - such as to adjust your status of marriage you can contact a Deferred Inspection site (DIS). However, there are very few circumstances where a VWP traveler will qualify for benefits.

check out the pdf link also and call one of those DIS sites close to you.

[heathabee 0]

did he enter US under VWP? Before ESTA, people under VWP received I-94W at POE. However, recently some (or most) of immigration at airport does not provide it for VWP.

Yes he entered under VWP before ESTA which is why I was surprised when the IO came back with the I-94 history and it only had that one old i-94 listed.

[heathabee 0]

Now that I'm thinking about it more- even if they did it electronically- wouldn't it come up in the IO report? It's basically what they would do if we filed an I-102 (for MIA I-94s)

[heathabee 0]

Hi, I'm not going to say i'm anywhere near an expert on this subject but

I think this link may Help as is came in on the Visa Waiver Program...check it out and make a call into the 800 Number or get another Infopass to verify..

https://help.cbp.gov/app/answers/detail/a_id/1190/kw/I-94%20number/session/L3NpZC9fVmwtc3o3aw%3D%3D In less words

If you need an I-94W to obtain a benefit - such as to adjust your status of marriage you can contact a Deferred Inspection site (DIS). However, there are very few circumstances where a VWP traveler will qualify for benefits.

check out the pdf link also and call one of those DIS sites close to you.

Thanks Maxbar-

I came across that website in my search for sanity on this. I'm just really concerned because nothing came up in the IO report. This might be a bigger problem than I thought... I just don't know how they think he got here? He didnt swim, lol and really he's pretty much granted 3 months to come here regardless so why would he EWI?

[JimVaPhuong 4,863]

If he's been in the US since 2001 after entering on the VWP then you might want to read some of the threads in the OTHER AOS forum about AOS for VWP overstays.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

This thread will probably be moved over there anyway since this forum is for people adjusting status from family based visas, like K1's.

Anyway, things have changed drastically for VWP overstays who attempt to adjust status. It all depends on what your local USCIS field office current policy is. If you win then he gets a green card. If you lose then he gets deported - no appeal or review. They might have sent the RFE because their records show he entered using the VWP, and they're giving you an opportunity to show that he might have entered using a different entry pass, like a B2 visa. If you don't produce an I-94 then they'll presume their records are correct, he's a VWP overstay, and they'll deny his AOS.

[JoannaV 173]

Did he not keep his old passport?

[Harpa Timsah 13,258]

he's a VWP overstay, and they'll deny his AOS.

Jim, you know that not all districts are denying VWP overstays. It's a tiresome, hugely complicated issue and it's hard to explain a long backstory and explain district courts etc, but I think it's still better to say that some offices are automatically denying VWP-overstay AOS applications, but not all. The OP has already applied for AOS, so there is nothing we can do about it now. I understand your point that they may be giving them a chance to show he had a different visa.

OP - You may consider asking what Canadians have done in this instance. I seem to recall some people explaining about their lack of I-94 in a letter or something. Canadians enter without applying for a visa, and often do not get an entry stamp, but their program of visa-less entry is not the same as the Visa Waiver Program countries, so be careful not to compare yourself with them too much. There also might be a few VWP-entrants who found a solution to no I-94. It sounds to me like their records are the same as the person at your Infopass appt, and that there is no new entry recorded after his last exit. Perhaps they want proof he entered with inspection, because they currently have none. You could submit the previous number as suggested (and explain in your RFE cover letter that someone at Infopass suggested you do this), or connect the dots and show what flight he entered on on what date (maybe get a passenger manifest somehow), etc to prove he was inspected. I don't know if either will work. I understand your frustration. Good luck.

Edited December 30, 2010 by Harpa Timsah

[Pegworth 2]

Jim, you know that not all districts are denying VWP overstays. It's a tiresome, hugely complicated issue and it's hard to explain a long backstory and explain district courts etc, but I think it's still better to say that some offices are automatically denying VWP-overstay AOS applications, but not all. The OP has already applied for AOS, so there is nothing we can do about it now. I understand your point that they may be giving them a chance to show he had a different visa.

OP - You may consider asking what Canadians have done in this instance. I seem to recall some people explaining about their lack of I-94 in a letter or something. Canadians enter without applying for a visa, and often do not get an entry stamp, but their program of visa-less entry is not the same as the Visa Waiver Program countries, so be careful not to compare yourself with them too much. There also might be a few VWP-entrants who found a solution to no I-94. It sounds to me like their records are the same as the person at your Infopass appt, and that there is no new entry recorded after his last exit. Perhaps they want proof he entered with inspection, because they currently have none. You could submit the previous number as suggested (and explain in your RFE cover letter that someone at Infopass suggested you do this), or connect the dots and show what flight he entered on on what date (maybe get a passenger manifest somehow), etc to prove he was inspected. I don't know if either will work. I understand your frustration. Good luck.

Canadians never got I-94's the visa waiver agreement between Canada and the US never required it and still doesn't it is the only country like this. Canadians never received I-94's to check the no-contest box that was the basis of those court rulings and deportations and I guess some denials.

I know of 4 cases personally of VWP overstays over the past year in NYC that were approved I imagine there are more. If they have the info I believe you can apply for a replacement.

I'm a Canadian my first attorney was going to apply for a replacement I-94 for me and I think the cost was around $330. I told her Canadians don't get I-94's or stamped coming in on the US/CAN VWP visiting. In my case there is nothing to apply for or replace it never existed to begin with your case is different. At this stage they want they want I-94 to prove he entered the country legally and he is who he says he is I think and then they will take it from there. If they have a record of the entry get the replacement and go from there. Good luck.

Edited December 30, 2010 by Pegworth

[Harpa Timsah 13,258]

Canadians never received I-94's to check the no-contest box that was the basis of those court rulings and deportations and I guess some denials.

Exactly right. That was what I was referring to, but reading back it's not so clear what I was talking about! Thanks!

[heathabee 0]

We consulted with a lawyer and he told us to write a letter explaining what happened and why he does not have an i-94. He agreed with the immigration officer and said to put the old admission number and that will probably be enough to get an interview where they will ask for that information. We were informed that it probably wont be that big of an issue since we are in NY and we are married. They really just want to make sure that he entered lawfully and not EWI. The fact that he was here through the VWP shouldn't have an effect on his case (notice I didnt say that it definitely will not, you can really never know with USCIS- it depends on who looks at the file and how they feel that day)

Did he not keep his old passport?

he actually lost his passport which is the reason it was replaced. My husband's step mother filed a petition for him years ago and it was moving along really well and even received an EAD, but before the case was closed his step mother and father divorced and the case was canceled. We're trying to have that case pulled so that if there was a photocopy of his passport stamp we could have that for the interview (of course thats wishful thinking, just hope it gets to that phase)

Jim, you know that not all districts are denying VWP overstays. It's a tiresome, hugely complicated issue and it's hard to explain a long backstory and explain district courts etc, but I think it's still better to say that some offices are automatically denying VWP-overstay AOS applications, but not all. The OP has already applied for AOS, so there is nothing we can do about it now. I understand your point that they may be giving them a chance to show he had a different visa.

OP - You may consider asking what Canadians have done in this instance. I seem to recall some people explaining about their lack of I-94 in a letter or something. Canadians enter without applying for a visa, and often do not get an entry stamp, but their program of visa-less entry is not the same as the Visa Waiver Program countries, so be careful not to compare yourself with them too much. There also might be a few VWP-entrants who found a solution to no I-94. It sounds to me like their records are the same as the person at your Infopass appt, and that there is no new entry recorded after his last exit. Perhaps they want proof he entered with inspection, because they currently have none. You could submit the previous number as suggested (and explain in your RFE cover letter that someone at Infopass suggested you do this), or connect the dots and show what flight he entered on on what date (maybe get a passenger manifest somehow), etc to prove he was inspected. I don't know if either will work. I understand your frustration. Good luck.

We did decide on a letter- we basically just stated the admission number the officer gave us, and the date and entry airport of the last date that he entered the states. I made sure to state that this was the admission number the officer gave us and that we were informed that we would not have been given a paper copy of an i-94 or i-94w. Maybe we're playing a little dumb here but maybe i'm just showing the inconsistent information throughout the entire USCIS system. It actually says on the USCIS website that if neither an i-94 or a passport stamp is available, a letter explaining why they are not available and the information that they need to verify lawful entry to the states.

We wont be sending this information until Monday since I want to get another letter from my employer to show that I make more than enough money now (they lost my i-864 and I was a full time student for the past 3 years so I didnt make much money- i figure with that and my parents as joint sponsors it shouldnt be a problem)If any one has any more advice/suggestions/ experience, please feel free to add. I really appreciate it and I will keep you updated on what happens.

[JimVaPhuong 4,863]

Jim, you know that not all districts are denying VWP overstays. It's a tiresome, hugely complicated issue and it's hard to explain a long backstory and explain district courts etc, but I think it's still better to say that some offices are automatically denying VWP-overstay AOS applications, but not all. The OP has already applied for AOS, so there is nothing we can do about it now. I understand your point that they may be giving them a chance to show he had a different visa.

Fair enough.

[Kathryn41 3,205]

thread moved from AOS from a family based visa to AOS from a work, student & Tourist visa as OP's spouse appears to be adjusting from the VWP