USCIS Claims I left the US

[Andre_Botha 0]

If this is in the wrong thread I apologize.  I have been married to a US citizen for 2 years now (I am South African). We have been waiting for our interview for going on 22 months.

 

My initial EAD expired and I applied for an extension through my attorneys in April, before my EAD expired to be proactive. 

After 7 months my new EAD has still not arrived.

Now the US government is claiming I left the US on the 14th of September which is completely false. They asked for an RFE, the only proof I had was an UberEats receipt for that date, showing the delivery address as our residence. 

 

I googled this and found very little info other than people suggesting to look at my i94 travel history. 

When going on the website, my i94 is there but when clicking on my travel history it says "no record found for traveler". 

 

Does anyone know what this means? I have done everything that has been asked of me, now I havent had my interview, I am unable to work because my 180 extension period for my EAD is over and the US government claims I have left the US when I didnt and my Travel History seems to have disappeared?

 

Should I be worried? What can I expect going forward? Our attorneys have expedited my case and told me they have "never seen such unprecedented and egregious claims" before.

 

My wife and I are extremely stressed out at this point and I feel like I'm constantly swimming against the stream and trying to keep my head above water. 

 

Anyone with any advice or knowledge about what is happening to me, please inform me. 

 

Sincerely,

Andre

[geowrian 22,335]

* Moved from Citizenship General Discussion Progress Reports to AOS from Work, Student, and Tourist Visas *

 

What visa did you enter the US on?

 

Did you have a return flight scheduled that you never took?

 

12 minutes ago, Andre_Botha said:

Our attorneys have expedited my case and told me they have "never seen such unprecedented and egregious claims" before.

They haven't been handling cases long enough... I've seen it a number of times on VJ.

Edited November 17, 2018 by geowrian

[Andre_Botha 0]

2 minutes ago, geowrian said:

* Moved from Citizenship General Discussion Progress Reports to AOS from Work, Student, and Tourist Visas (will move to AOS from K-1 once that details is ascertained). *

 

What visa did you enter the US on?

 

Did you have a return flight scheduled that you never took?

 

They haven't been handling cases long enough... I've seen it a number of times on VJ.

I entered on a B1 Visa. Yes there was a return flight that I never took but that was almost 2 years ago at this point I believe?

 

Is this something i should be worried about? I am legitimately happily married now for 2 years next month. And what about their claims that i left the US on September 14?

[mushroomspore 3,043]

I would suggest photocopying EVERY single page of your passport to show you have no admittance stamp from September 14.

[geowrian 22,335]

2 minutes ago, Andre_Botha said:

I entered on a B1 Visa. Yes there was a return flight that I never took but that was almost 2 years ago at this point I believe?

 

Is this something i should be worried about? I am legitimately happily married now for 2 years next month. And what about their claims that i left the US on September 14?

Sometimes the carriers send the passenger manifests before the flight, so no-shows may be reported as leaving the country.

Hmm...Sept. 14th 2018? No idea where that would have come from.

 

I would suggest sending any evidence you are still in the US past the date they claimed. I would also provide an explanation that you arrived in the US on x/x/xx and remained in the US since that date. Showing your passport may also help as you have no entry stamps past that date.

[aznhouston 124]

Just now, mushroomspore said:

I would suggest photocopying EVERY single page of your passport to show you have no admittance stamp from September 14.

This could mean he sneaked into the country illegally, don't you think?

[Andre_Botha 0]

Just now, hoangthaihuy said:

This could mean he sneaked into the country illegally, don't you think?

How? And why would I want / need to do that? And if that is the case then it means no matter what evidence I provide, they can just make something up and run with it?

Like I said, I have an UberEats receipt on that very day. Delivered to my residence? Does that mean they can just claim someone else used my phone to order it as well? So its impossible to prove my innocence in this?

[geowrian 22,335]

5 minutes ago, hoangthaihuy said:

This could mean he sneaked into the country illegally, don't you think?

True. That's why I think showing that there are no entry stamps from anywhere else is important. That would imply they snuck across the border and snuck back without being caught...but then they would have no evidence to indicate they left the US in the first place (which isn't the case as something flagged the RFE).

Edited November 17, 2018 by geowrian

[mushroomspore 3,043]

4 minutes ago, hoangthaihuy said:

This could mean he sneaked into the country illegally, don't you think?

Eh? How? OP's passport will have a stamp from when he entered 2 years ago on his B1. The point is to simply show he did not leave the US and therefore was not re-admitted on Sept 14.

[Andre_Botha 0]

3 minutes ago, geowrian said:

Sometimes the carriers send the passenger manifests before the flight, so no-shows may be reported as leaving the country.

Hmm...Sept. 14th 2018? No idea where that would have come from.

 

I would suggest sending any evidence you are still in the US past the date they claimed. I would also provide an explanation that you arrived in the US on x/x/xx and remained in the US since that date. Showing your passport may also help as you have no entry stamps past that date.

Yes. I havent left the country since re-entering in early October 2016. So it would help if they can provide me with which airline and airport they allege I departed from so I can contact them and ask for their records for that day?

[Andre_Botha 0]

1 minute ago, geowrian said:

True. That's why I think showing that there are no entry stamps from anywhere else is important. That would imply they snuck across the border and snuck back without being caught...butt hen they would have no evidence to indicate they left the US in the first place (which isn't the case as something flagged the RFE).

Also if I "snuck out" of the country, how would they have a record of me "leaving the country" on the 14th of September? If I did "sneak" out, then they wouldn't have had a date?

[geowrian 22,335]

1 minute ago, Andre_Botha said:

Also if I "snuck out" of the country, how would they have a record of me "leaving the country" on the 14th of September? If I did "sneak" out, then they wouldn't have had a date?

Evidence acquired from other countries? Possibly having been re-admitted?

I'm not saying it's likely...but the lack of entry stamps abroad would be good evidence to include.

[Andre_Botha 0]

Just now, geowrian said:

Evidence acquired from other countries? Possibly having been re-admitted?

I'm not saying it's likely...but the lack of entry stamps abroad would be good evidence to include.

Well I can show them my passport with the final stamp in it being when I entered the US in October 2016. I find it strange that my travel history on the i94 website is missing. 

I have immigration attorneys, but do you think this is something I should be worried about?

Like I said, I am in a legitimate marriage. Can they break me and my wife up and force me to leave?

[Andre_Botha 0]

Also, after my wife and I got married in December of 2016 my immigration attorney informed me that I should under no circumstances leave the US as I wouldnt be allowed back in because the government would be under no obligation to complete my paperwork. 

 

That has been reason enough for me to miss 2, now going on 3 Christmases and birthdays with my family in South Africa. It hasn't been easy on me at all, and it devastates me every passing year, but I know what is at stake and wouldnt risk it. I wouldn't risk losing my marriage over this.

It makes me feel sick what is going on.

[Ann&James 179]

Just now, Andre_Botha said:

If this is in the wrong thread I apologize.  I have been married to a US citizen for 2 years now (I am South African). We have been waiting for our interview for going on 22 months.

 

My initial EAD expired and I applied for an extension through my attorneys in April, before my EAD expired to be proactive. 

After 7 months my new EAD has still not arrived.

Now the US government is claiming I left the US on the 14th of September which is completely false. They asked for an RFE, the only proof I had was an UberEats receipt for that date, showing the delivery address as our residence. 

 

I googled this and found very little info other than people suggesting to look at my i94 travel history. 

When going on the website, my i94 is there but when clicking on my travel history it says "no record found for traveler". 

 

Does anyone know what this means? I have done everything that has been asked of me, now I havent had my interview, I am unable to work because my 180 extension period for my EAD is over and the US government claims I have left the US when I didnt and my Travel History seems to have disappeared?

 

Should I be worried? What can I expect going forward? Our attorneys have expedited my case and told me they have "never seen such unprecedented and egregious claims" before.

 

My wife and I are extremely stressed out at this point and I feel like I'm constantly swimming against the stream and trying to keep my head above water. 

 

Anyone with any advice or knowledge about what is happening to me, please inform me. 

 

Sincerely,

Andre

Sometimes your I94 travel history does not show up on the website. You can contact the CBP in your  area and they will be able to help you.