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Jodhilla

No i94 because of ESTA at POE with K1 and Social Security Issues

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Filed: K-1 Visa Country: United Kingdom
Timeline

Ok, so I arrived in the USA three weeks ago, wet through customs, they took my brown envelope, processed it, gave me my passport back and sent me on my way to my new life in the US...

Yesterday I went to get my Social security number as directed by the process work flow on this site, when I got there the woman behind the counter said I need a valid I94...

Not actually knowing what this was (I thought it was the bit stuck in my passport by the embassy) Turns out its not, that is my K1 that has been stamped at POE but not my I94, so after a lot of hassle, a trip to the airport to visit Customs and Border Control, It seems that I was admitted on my previous ESTA... Customs told me I wouldn't have received an I94 because I was previously registered on the ESTA program...

She told me if I want an I94 I will have to pay $320 for it!!

So now I am at a loss and don't know what to do? Am I now here illegally? How do I apply for my SS number without an i94? Can i use my ESTA details instead of the i94?

Can anybody help me?

I-129F Sent : 2012-03-03

I-129F NOA1 : 2012-03-09

I-129F NOA2 : 2012-07-13

NVC Received : 2012-07-23

NVC Left : 2012-07-25

Consulate Received : 2012-08-08

Packet III Received : 2012-08-09

Packet III Sent : 2012-08-18

Medical in London : 2012-09-03

Packet III Logged by Embassy : 2012-19-03

Interview Date : : 2012-10-12 APPROVED!

POE :

Wedding [Planned] : 2013-01-26

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Okay, so you need to go back to the airport or a deferred inspection point. http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/

Having a valid ESTA does not preclude a person from entering on a K-1 visa. You should have been processed on your K-1 visa (what does your stamp say in your passport?)

So you need to figure out if you were processed as a K-1 or on your ESTA (this is actually the Visa waiver program), and get processed on the K-1 visa and get a I-94. You need I-94. It will not cost because it is their error. You cannot use ESTA or anything like that for a SSN, and you need to be processed on your K-1 to move forward in immigration.

What stamps do you have?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: K-1 Visa Country: United Kingdom
Timeline

Okay, so you need to go back to the airport or a deferred inspection point. http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/

Having a valid ESTA does not preclude a person from entering on a K-1 visa. You should have been processed on your K-1 visa (what does your stamp say in your passport?)

So you need to figure out if you were processed as a K-1 or on your ESTA (this is actually the Visa waiver program), and get processed on the K-1 visa and get a I-94. You need I-94. It will not cost because it is their error. You cannot use ESTA or anything like that for a SSN, and you need to be processed on your K-1 to move forward in immigration.

What stamps do you have?

Just spoken with the Tampa deferred inspection team who said I can use the ESTA, My K1 has been proceed as it has been stamped, I just need to provide my ESTA approval print out to apply for my SSN

Edited by Jodhilla

I-129F Sent : 2012-03-03

I-129F NOA1 : 2012-03-09

I-129F NOA2 : 2012-07-13

NVC Received : 2012-07-23

NVC Left : 2012-07-25

Consulate Received : 2012-08-08

Packet III Received : 2012-08-09

Packet III Sent : 2012-08-18

Medical in London : 2012-09-03

Packet III Logged by Embassy : 2012-19-03

Interview Date : : 2012-10-12 APPROVED!

POE :

Wedding [Planned] : 2013-01-26

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Just spoken with the Tampa deferred inspection team who said I can use the ESTA, My K1 has been proceed as it has been stamped, I just need to provide my ESTA approval print out to apply for my SSN

Nope. That is wrong wrong wrong. Sorry you have to go through this...

You will need the I-94 for AOS. ESTA anything will not get you anywhere with SSA either.

ESTA is a pre-approval for the Visa Waiver Program. You have a previous approval to travel visa-free to the US on that program. However, this time, you travelled with a visa, the K-1 visa. You need to be processed as a k-1 entrant and be given all the K-1 things, like I-94. ESTA has nothing to do with this entrance, and they are making silly excuses. They messed up.

It is their mistake not to give you the I-94. You need to go in person, get a supervisor, and get a I-94.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: Wales
Timeline

Nope. That is wrong wrong wrong. Sorry you have to go through this...

You will need the I-94 for AOS. ESTA anything will not get you anywhere with SSA either.

ESTA is a pre-approval for the Visa Waiver Program. You have a previous approval to travel visa-free to the US on that program. However, this time, you travelled with a visa, the K-1 visa. You need to be processed as a k-1 entrant and be given all the K-1 things, like I-94. ESTA has nothing to do with this entrance, and they are making silly excuses. They messed up.

It is their mistake not to give you the I-94. You need to go in person, get a supervisor, and get a I-94.

Go back to them. Or go to someone else. You MUST have an I-94. The ESTA is NOT valid for the reasons Harpa has listed above.

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Filed: K-1 Visa Country: United Kingdom
Timeline

So after continuously calling the Deferred Inspection Site at Tampa airport and getting stuck with the same completely unhelpful telephone operator, I managed to speak to her supervisor who put me through to CBP, Strait away the officer took my details and told me to come in today at 11 am...

When i arrived at the airport there were three other people who had also had the same issue, and not fount it until they had wasted journeys at the SSA... 20 minutes later I was out of the airport with my I-94 in hand, on route to the SSA.

Now at the end of the day I have my I-94, my Social Security Number on its way in the mail and a cold beer in hand!

Thanks to the advice and assistance to my fellow VJers!!

Cheers!

I-129F Sent : 2012-03-03

I-129F NOA1 : 2012-03-09

I-129F NOA2 : 2012-07-13

NVC Received : 2012-07-23

NVC Left : 2012-07-25

Consulate Received : 2012-08-08

Packet III Received : 2012-08-09

Packet III Sent : 2012-08-18

Medical in London : 2012-09-03

Packet III Logged by Embassy : 2012-19-03

Interview Date : : 2012-10-12 APPROVED!

POE :

Wedding [Planned] : 2013-01-26

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Nothing worse than dealing with people who don't know what they don't know. Glad you got it sorted out.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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Filed: Citizen (apr) Country: France
Timeline

Nothing worse than dealing with people who don't know what they don't know. Glad you got it sorted out.

And keep it for your AOS- It's a really important little piece of paper.

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