USCIS took our I-94 after denying our I-485

[TT72 0]

My husband and I had our I130 granted but were denied without prejudice on our I485 due to a travel violation. We thought we were able to travel on his M1 visa but didn't know we couldn't do it while waiting for our interview.

The IO was conciderate of us and could clearly see it was a mistake. My husbands father is very ill and we went back to see him at home.

My question is the IO took my husbands 1-94 form. She said we could re-apply as soon as we received the denial letter but all we have is a photo copy of the form with his number on it. Is this normal? Approvals usually have their 1-94 taken but what are we suppose to do?

[Mama mia 9]

Wow,orry to hear about this but could you please be more specific?

Can you give a little bit more details:

-Was he still in status when you travelled?

-Was he still in school

-Is it a single entry or multiple entry M-1 visa?

-Is the visa expired?

-What happened when you travelled back to USA at the airport?

-Did you travel with a I-131?

Its not easy to answer your questions without these details...

[KayDeeCee 4,900]

When you reapply, just make another copy of the copy you still have and send that in with your I-485.

[kcoyclay1 98]

Wow,orry to hear about this but could you please be more specific?

Can you give a little bit more details:

-Was he still in status when you travelled?

-Was he still in school

-Is it a single entry or multiple entry M-1 visa?

-Is the visa expired?

-What happened when you travelled back to USA at the airport?

-Did you travel with a I-131?

Its not easy to answer your questions without these details...

His status would have changed and he would no longer be able to travel on any kind of visa that he previously had. The only travel document that would be accepted would be the I-131, and his wife stated that he travelled on his M1 visa. The denial is based on his error and, sadly, he has to reapply and pay for that. It doesn't matter if he had a multiple entry visa, in school, in status, unexpired visa, or the fact that he was allowed to re-enter the US. Lack of knowledge doesn't count either. They will take it into consideration in his next petition but this denial cannot be appealed because the instructions on the USCIS website clearly advises beneficiaries not to travel while the case is pending. It is on us to search the website for information rather than assume that we can travel. That's what the I-131 is for; we are even cautioned that border control can still deny us entry, if they believe something is amiss, even with AP.

This is a case of lack of knowledge and it is sad and costly, but it is on the petitioner/applicant to search their website, ask questions, research and glean as much as we can before making decisions based on mere belief. Sorry to know they have to go through this.

Edited April 23, 2012 by kcoyclay1

[VanessaTony 3,567]

My husband and I had our I130 granted but were denied without prejudice on our I485 due to a travel violation. We thought we were able to travel on his M1 visa but didn't know we couldn't do it while waiting for our interview.

The IO was conciderate of us and could clearly see it was a mistake. My husbands father is very ill and we went back to see him at home.

My question is the IO took my husbands 1-94 form. She said we could re-apply as soon as we received the denial letter but all we have is a photo copy of the form with his number on it. Is this normal? Approvals usually have their 1-94 taken but what are we suppose to do?

Agree with everyone else that you should just refile (and this time not leave!) and include a copy of the I-94. Your original I-94 will be in your file... did you get a new I-94 when you left and came back? Or is that the one you're talking about? Either way the original will be in your file so not a big deal.

Edited April 23, 2012 by Vanessa&Tony

[grrrrreat 109]

His status would have changed and he would no longer be able to travel on any kind of visa that he previously had. The only travel document that would be accepted would be the I-131, and his wife stated that he travelled on his M1 visa. The denial is based on his error and, sadly, he has to reapply and pay for that. It doesn't matter if he had a multiple entry visa, in school, in status, unexpired visa, or the fact that he was allowed to re-enter the US. Lack of knowledge doesn't count either. They will take it into consideration in his next petition but this denial cannot be appealed because the instructions on the USCIS website clearly advises beneficiaries not to travel while the case is pending. It is on us to search the website for information rather than assume that we can travel. That's what the I-131 is for; we are even cautioned that border control can still deny us entry, if they believe something is amiss, even with AP.

This is a case of lack of knowledge and it is sad and costly, but it is on the petitioner/applicant to search their website, ask questions, research and glean as much as we can before making decisions based on mere belief. Sorry to know they have to go through this.

I agree! But there are certain visas that you can travel on during AOS without abandoning the application, such as H-1, L-1, and K-3 or K-4s (basically dual-intent visas). M-1 holders should definitely apply for advance parole using I-131 before they travel!

Edited April 23, 2012 by grrrrreat