Never given an I-94

[LemonFi 0]

Hello,

Background - I a Brit married to a US citizen, who was born in US but raised since 6 years old in the UK. We were married over 4 years ago in the UK and we have a 17 mth old.

My husband wanted to come back to see what it was like to live in the US and I tentatively came with, to see if we could live here.

My son and I came in on visa-waiver because we had every intention in going back in 90days ( tickets still booked) but we think we would like to stay so are filing a I-130 and 1-485 before the time is up.

Question - When we entered, I came through with my husband in the 'US citizen' line (we were asked to) and we didn't get/were not asked for a I-94. We just got a stamp in both my son and my passports with the expiry date and a 'welcome home' (?)

I've looked at a few different posts about this, but I never had the form so can't get it replaced. Is the stamp in the passport enough? I didn't keep my other plane documents as I intended to go home.

Thanks very much for any help,

Fiona

[Harpa Timsah 13,258]

People who enter on the VWP usually do not get a I-94W anymore; it is all electronic. However, that is the least of your problems. You MUST get your application submitted and accepted before the 90 days are over or you risk denial for overstay. Some local offices are denying AOS from WVP-overstay because you signed away your rights to an immigration trial upon entry and are immediately deportable once you go over the 90 days. Take a look at this recent example http://www.visajourney.com/forums/topic/292498-i-485-denied/

Good luck.

[YuAndDan 153]

As for the 17 month old birth abroad should be registered by US Citizen and claim citizenship that way.

http://www.uscis.gov...ources/A4en.pdf

As others indicated AOS from VWP is hazardous. I would file the I-130, and return to home country in a timely fashion and interview for the spouse visa..

Moving to AOS from VISITOR/Work/Student visa forum...

Edited January 31, 2011 by YuAndDan

[Harpa Timsah 13,258]

As for the 17 month old birth abroad should be registered by US Citizen and claim citizenship that way.

http://www.uscis.gov...ources/A4en.pdf

Children are only given derivative citizenship at birth if the USC parent has satisfied residency requirements, which is something like 5 years total, and at least 2 years past the age of 14. In the case of the OP's husband, who left US at age of 6, derivative citizenship won't apply. However, I believe the child will have a claim to US Citizenship now that the USC resides in US.

[LemonFi 0]

Hi,

Thanks very much for the comments.

We did do it electronically, you're right - I'll try to find a record of it to print out with the application.

I know we have a tight schedule - we are hoping to file this week. When you say accepted - do you mean officially received?

Regarding my son, we hoped he would be a US citizen automatically but have checked and seen the USCIS office and because my husband has not lived in the States since he was 14 for more than 2 years, our son doesn't qualify and we were told he has to get a green card to stay.

Thanks

Fiona

[Harpa Timsah 13,258]

When I mean accepted, I mean that they receive it, put it in a box, then a few days later open it... look at it, and determine that the forms are signed properly, etc. and that they can start processing it and cash the check. This process usually takes a week, but can take longer. If you are missing something and they refuse the application and send it back to you, then you may miss your window.

[YuAndDan 153]

Hi,

Thanks very much for the comments.

We did do it electronically, you're right - I'll try to find a record of it to print out with the application.

I know we have a tight schedule - we are hoping to file this week. When you say accepted - do you mean officially received?

Regarding my son, we hoped he would be a US citizen automatically but have checked and seen the USCIS office and because my husband has not lived in the States since he was 14 for more than 2 years, our son doesn't qualify and we were told he has to get a green card to stay.

Thanks

Fiona

If this is the case I would then file two I-130's for Spouse and Child visas, and again return home to interview for visas. This will save you a bundle in fees.

AOS (I-485 will cost you $1070 + $635 for child) Fees for spouse and child visas are much less.

[LemonFi 0]

People who enter on the VWP usually do not get a I-94W anymore; it is all electronic. However, that is the least of your problems. You MUST get your application submitted and accepted before the 90 days are over or you risk denial for overstay. Some local offices are denying AOS from WVP-overstay because you signed away your rights to an immigration trial upon entry and are immediately deportable once you go over the 90 days. Take a look at this recent example http://www.visajourney.com/forums/topic/292498-i-485-denied/

Good luck.

Wow, just read your link - heart breaking. I hope we can make it especially cos we have a son! And my husband is waiting to find out about a dream job here -argh!!

[mof 15]

Hello,

Background - I a Brit married to a US citizen, who was born in US but raised since 6 years old in the UK. We were married over 4 years ago in the UK and we have a 17 mth old.

My husband wanted to come back to see what it was like to live in the US and I tentatively came with, to see if we could live here.

My son and I came in on visa-waiver because we had every intention in going back in 90days ( tickets still booked) but we think we would like to stay so are filing a I-130 and 1-485 before the time is up.

Question - When we entered, I came through with my husband in the 'US citizen' line (we were asked to) and we didn't get/were not asked for a I-94. We just got a stamp in both my son and my passports with the expiry date and a 'welcome home' (?)

I've looked at a few different posts about this, but I never had the form so can't get it replaced. Is the stamp in the passport enough? I didn't keep my other plane documents as I intended to go home.

Thanks very much for any help,

Fiona

You guys are pretty much in the same boat as we are - with only a few differences: My wife met the requirements to bestow citizenship on our daughter - hence, we did not have to adjust our baby's status. It does not sound as though your husband meets those requirements - the process is quite thorough and can be daunting.

I also entered through the citizen line on VWP and did not receive an I-94. I did not even receive a stamp but got the same "Welcome Home" as you. When you file your package, make sure you include the page of your passport that contains the entry stamp. If you forget to do that, you will get a request for evidence, which will delay processing of your application. I talked to Customs and Border protection who informed me that the only document you can possibly submit is a copy of your stamp. You cannot get an I-94 since they no longer have them.

Also, you MUST file before the 90 days are up. Keep in mind that it's not the date of your filing that counts, but the date that USCIS officially receives your application (not physically delivered at the office, but opened and put into a file). This can take a week or sometimes more. Once you receive a receipt, you can (actually, you must) stay in the US while your case is pending. Be aware, though, that a negative decision by USCIS will immediately render your presence in the US illegal from the date of the decision. In other words, you face the possibility of being rejected and having to leave your husband immediately. In truth, I have not heard of such cases for VWP who filed within the 90 days - but the potential for such actions does exist.

There is a lot of debate whether filing for adjustment of status is circumventing immigration regulations. However, fact is that USCIS does provide this route to immediate relatives of US citizen - including spouses. Sure, there should be no intent to immigrate when you enter under VWP, but it doesn't sound like you had this planned out - there are some threads on here where intent is very clear. It is my understanding that this regulation is in place to avoid certain hardships that could ensue from having one partner leave the US for an extended period of time. However, that is just how I understand the regulation - I have not been able to find the official reasons behind it.

A lot of people will recommend that you file your I-130 and return to the UK - however, doing so is not always possible or advisable, especially when a young child is involved who could suffer from the separation of his or her parents - IF your husband refuses to leave the US (as my wife does). I believe that doing so does represent a hardship that may cause USCIS to evaluate your application in a more favorable light. Perhaps, this is just wishful thinking on my part... Having been married for several years, rather than coming to the US under VWP and getting married here, should also be positive. Again, this is just my perception from reading various forums on the subject. You will likely find that much information on various forums seems to resonate with your situation, but the reality is that there are fundamental differences that complicate adjustment from VWP that do not apply to you (such as overstay, marrying upon arrival, etc.).

You should also be aware that some people on these forums (including this one) do not necessarily give you the best advice. Many are also trying to adjust for their spouse but the spouse is not eligible to enter under VWP. Hence, there is a perceived unfairness that SOME posters will attempt to rectify by giving you negatively slanted advice. What posters are very correct about is that filing after 90 days is a big NO. As is filing immediately after entering as doing so could be interpreted as intent. I suppose if you do file under VWP, you should make sure that you have all your ducks in a row and that your case is as straight-forward as it gets - there should be nothing in your file or history that could raise a red flag.

As I said, I am currently going through the process. I must admit that it is VERY intense and that it would be MUCH easier to have applied for a spousal visa. However, as we both know, doing so is not always possible or in the best interest of your family.

I wish you well and hope your process is a smooth one. Don't panic if you do get a RFE (I did!) - it's usually something that can be easily solved.

Edited January 31, 2011 by mof

[TracyTN 237]

There is a lot of debate whether filing for adjustment of status is circumventing immigration regulations. However, fact is that USCIS does provide this route to immediate relatives of US citizen - including spouses. Sure, there should be no intent to immigrate when you enter under VWP, but it doesn't sound like you had this planned out - there are some threads on here where intent is very clear. It is my understanding that this regulation is in place to avoid certain hardships that could ensue from having one partner leave the US for an extended period of time. However, that is just how I understand the regulation - I have not been able to find the official reasons behind it.

Yes, they do provide that route - but I do think anyone who is about to do this should be aware that a.) if they are denied, they have no chance at appeal and b.) that things are changing in regards to the former, relative 'ease' of this path, which has been noted in the link to the other thread that was provided above.

A lot of people will recommend that you file your I-130 and return to the UK - however, doing so is not always possible or advisable, especially when a young child is involved who could suffer from the separation of his or her parents - IF your husband refuses to leave the US (as my wife does). I believe that doing so does represent a hardship that may cause USCIS to evaluate your application in a more favorable light. Perhaps, this is just wishful thinking on my part... Having been married for several years, rather than coming to the US under VWP and getting married here, should also be positive. Again, this is just my perception from reading various forums on the subject. You will likely find that much information on various forums seems to resonate with your situation, but the reality is that there are fundamental differences that complicate adjustment from VWP that do not apply to you (such as overstay, marrying upon arrival, etc.).

USCIS doesn't adjudicate an I 130 petition based on a hardship. They evaluate the I 130 to make sure that the relationship presented on the form does exist. If a hardship - or lack thereof - is going to be scrutinized, it would be done at the visa interview by the consular officer (dept of State).

You should also be aware that some people on these forums (including this one) do not necessarily give you the best advice. Many are also trying to adjust for their spouse but the spouse is not eligible to enter under VWP. Hence, there is a perceived unfairness that SOME posters will attempt to rectify by giving you negatively slanted advice.

I think anyone here who doesn't give the OP the correct advise just because they may have sour grapes would be out of order and should be called out immediately. I would certainly do that, and I hope others would as well.

*edited to fix quotes*

Edited January 31, 2011 by TracyTN

[mof 15]

Yes, they do provide that route - but I do think anyone who is about to do this should be aware that a.) if they are denied, they have no chance at appeal and b.) that things are changing in regards to the former, relative 'ease' of this path, which has been noted in the link to the other thread that was provided above.

Indeed - I do not believe in sugar coating, either. The risks are real and they make this a dangerous and emotionally intense route.

USCIS doesn't adjudicate an I 130 petition based on a hardship. They evaluate the I 130 to make sure that the relationship presented on the form does exist. If a hardship - or lack thereof - is going to be scrutinized, it would be done at the visa interview by the consular officer (dept of State).

I was not addressing the I-130. Obviously, a bona fide marriage needs to exist. I was thinking about a decision on an I-485

I think anyone here who doesn't give the OP the correct advise just because they may have sour grapes would be out of order and should be called out immediately. I would certainly do that, and I hope others would as well.

*edited to fix quotes*

This has, indeed, been my experience. However, sometimes damage is done before such a person is called on their remarks - happened to me...

[LemonFi 0]

You guys are pretty much in the same boat as we are - with only a few differences: My wife met the requirements to bestow citizenship on our daughter - hence, we did not have to adjust our baby's status. It does not sound as though your husband meets those requirements - the process is quite thorough and can be daunting.

I also entered through the citizen line on VWP and did not receive an I-94. I did not even receive a stamp but got the same "Welcome Home" as you. When you file your package, make sure you include the page of your passport that contains the entry stamp. If you forget to do that, you will get a request for evidence, which will delay processing of your application. I talked to Customs and Border protection who informed me that the only document you can possibly submit is a copy of your stamp. You cannot get an I-94 since they no longer have them.

Also, you MUST file before the 90 days are up. Keep in mind that it's not the date of your filing that counts, but the date that USCIS officially receives your application (not physically delivered at the office, but opened and put into a file). This can take a week or sometimes more. Once you receive a receipt, you can (actually, you must) stay in the US while your case is pending. Be aware, though, that a negative decision by USCIS will immediately render your presence in the US illegal from the date of the decision. In other words, you face the possibility of being rejected and having to leave your husband immediately. In truth, I have not heard of such cases for VWP who filed within the 90 days - but the potential for such actions does exist.

There is a lot of debate whether filing for adjustment of status is circumventing immigration regulations. However, fact is that USCIS does provide this route to immediate relatives of US citizen - including spouses. Sure, there should be no intent to immigrate when you enter under VWP, but it doesn't sound like you had this planned out - there are some threads on here where intent is very clear. It is my understanding that this regulation is in place to avoid certain hardships that could ensue from having one partner leave the US for an extended period of time. However, that is just how I understand the regulation - I have not been able to find the official reasons behind it.

A lot of people will recommend that you file your I-130 and return to the UK - however, doing so is not always possible or advisable, especially when a young child is involved who could suffer from the separation of his or her parents - IF your husband refuses to leave the US (as my wife does). I believe that doing so does represent a hardship that may cause USCIS to evaluate your application in a more favorable light. Perhaps, this is just wishful thinking on my part... Having been married for several years, rather than coming to the US under VWP and getting married here, should also be positive. Again, this is just my perception from reading various forums on the subject. You will likely find that much information on various forums seems to resonate with your situation, but the reality is that there are fundamental differences that complicate adjustment from VWP that do not apply to you (such as overstay, marrying upon arrival, etc.).

You should also be aware that some people on these forums (including this one) do not necessarily give you the best advice. Many are also trying to adjust for their spouse but the spouse is not eligible to enter under VWP. Hence, there is a perceived unfairness that SOME posters will attempt to rectify by giving you negatively slanted advice. What posters are very correct about is that filing after 90 days is a big NO. As is filing immediately after entering as doing so could be interpreted as intent. I suppose if you do file under VWP, you should make sure that you have all your ducks in a row and that your case is as straight-forward as it gets - there should be nothing in your file or history that could raise a red flag.

As I said, I am currently going through the process. I must admit that it is VERY intense and that it would be MUCH easier to have applied for a spousal visa. However, as we both know, doing so is not always possible or in the best interest of your family.

I wish you well and hope your process is a smooth one. Don't panic if you do get a RFE (I did!) - it's usually something that can be easily solved.

Wow, thank you so much. I'm so grateful for your answer. You have answered specific questions for me but also the general feel of filing (and the forum)which is also so helpful.

We really didn't come to stay on purpose (I love living in the UK, and really didn't want to come) and it has turned out a lot more favourable than we could have ever thought, including a potentially amazing job offer.

Its a big decision to make, but you're right, it would be so hard for us to be separated as a family, and if my husband gets this job it would be a job of a lifetime so hard for him to leave.

So tough! And intense! But really, you've done us a massive help by sharing your case with us and your perception of things.

All the best with your case,

Fiona

[LemonFi 0]

When I mean accepted, I mean that they receive it, put it in a box, then a few days later open it... look at it, and determine that the forms are signed properly, etc. and that they can start processing it and cash the check. This process usually takes a week, but can take longer. If you are missing something and they refuse the application and send it back to you, then you may miss your window.

Thanks!

[Brother Hesekiel 2,236]

Question - When we entered, I came through with my husband in the 'US citizen' line (we were asked to) and we didn't get/were not asked for a I-94. We just got a stamp in both my son and my passports with the expiry date and a 'welcome home' (?)

I've looked at a few different posts about this, but I never had the form so can't get it replaced. Is the stamp in the passport enough? I didn't keep my other plane documents as I intended to go home.

Thanks very much for any help,

Fiona

Fiona . . . if I understand you correctly, playing Immigration Officer (a.k.a. the Devil's advocate) now, you still have your house, job, dog, cat, all of your stuff back in the Kingdom as you just planed on visiting? When do you and/or your husband are supposed to be back to work?

I also assume you didn't bring your marriage certificate with you on vacation. After all, why would you?

I am asking this, because I want to find out how you would react when confronted with the claim of material misrepresentation. That's not implying that you are guilty of such a thing, mind you; it's just exploratory to see if you may want to rethink your strategy.

Edited February 1, 2011 by Just Bob

[LemonFi 0]

Fiona . . . if I understand you correctly, playing Immigration Officer (a.k.a. the Devil's advocate) now, you still have your house, job, dog, cat, all of your stuff back in the Kingdom as you just planed on visiting? When do you and/or your husband are supposed to be back to work?

I also assume you didn't bring your marriage certificate with you on vacation. After all, why would you?

I am asking this, because I want to find out how you would react when confronted with the claim of material misrepresentation. That's not implying that you are guilty of such a thing, mind you; it's just exploratory to see if you may want to rethink your strategy.

Hi Bob, I understand where you're coming from! Both myself and my husband are self- employed - (and at the moment I am just being a mother and not working). My husband works from home (he is an animator) and is currently doing some work for a company in the UK but can work from anywhere in the world.

We keep copies of all our files (birth certificates etc) digitally anyway - we have backups of everything on the hard-drives my husband takes with us when he works. As far as I know we just need copies right? And we are here for 90 days - quite a long time really so I did bring some info with me as we am still doing things like my banking and tax returns in the UK.

And we do have a house in the UK - we would look to rent it out if all works out...

Fiona