I-94 and I-!02

[WillMc]

My Fiancee, Galina, received a K1 Visa and came to the USA.  Her daughter, an adult only child, had some serious problems and Galina decided to return within the 90 day period. When we got to the airport she was asked for an I-94 form in order to depart the USA.
She was certain that she never received any forms when she entered the USA.
I explained to the Aeroflot counter personnel that the immigration officer probably assumed that she would not need one.
She was permitted to get on the flight and returen to Moscow.
I do not want her to have any difficulty when I apply again for another K-1 Visa for her to return.  
I called USCIS and was told that she must provide proof that she had returned to Moscow and send it to an address in KY.  She followed the instructions and did so promptly.
I do not want her records to get messed up for I want her to be able to return so I called again to be sure the proof had been received.
I was told that after a month or so I could write a request to KY for confirmation that the proof had been received.  In addition after a further 90 days have passed I must pay a $155 fee and file an I-102, Application for Replacement/Initial Nonimmigrant Arrival - Departure Document.

I am confused because Galina is certain that the officer admitting her to the USA did not give her an I-94 form.  

? have any other members of the forum had similar experiences?    

[Ray]

... in response to I-94 and I-!02, posted by WillMc on Apr 27, 2005

Normally, she should have been given a Form I-94 to fill out on the plane prior to arrival. The immigration folks at her port of entry should have stapled the card into her passport, but occasionally they do forget to do this.

The I-94 is used mainly to track temporary visitors so the government will know that they departed the country and as evidence of legal entry while she is still here. Since she departed within 90 days while her visa was still valid, I don’t see any reason to request a replacement I-94. She would have no use for an I-94 since she is already gone. Did someone at CIS tell you she needs a replacement? I would definitely get a second opinion on that. Did she get a departure stamp in her passport when she left? I would think that would be all the evidence she would need.

Note: Those contractor people on the CIS customer service line don’t know what the hell they are talking about most of the time. Ask to speak with an Immigration Officer!

You shouldn’t have any problem with another K-1 petition if that’s what you choose to do.

http://www.yale.edu/finance/tax/int_tax/cr/forms/I_94_sample.html

Ray

[Bobby Orr]

... in response to I-94 and I-!02, posted by WillMc on Apr 27, 2005

Thats the small manila colored card they stamp on the page next to her visa.

[WillMc]

... in response to Re: I-94 , posted by Bobby Orr on Apr 27, 2005

Thank you for your reply.
At the airport they could not find it and she was sure that none had been provided when she entered the USA.
She is pretty smart, Phd in Chemistry, and very careful.  I do not think she would have lost it.

[romachko]

... in response to Re: Re: I-94 , posted by WillMc on Apr 27, 2005

I looked at my wife's I-94. Written on the form is the following:

Front page: Departure Number, Her Family Name and First Name, and Country of Citizenship, Birth Date.
Stamped by INS - Port of Entry (CHI), Date Nov 26, 2004 K-1 Class Until Feb 25 2005
Reverse Page: A# XXXXXXXX. Important - Retain this permit in your posession; you must surrender it when you leave the U.S. Failure to do so may delay your entry into the U.S. in the future. You are authorized to stay in the U.S. only until the date written on this form. To remain past this date, without permission from the immigration authorities, is a violation of the law.

Like many other things related to INS, their practice is not uniform. As a matter of fact my wife is now preparing for AOS. She entered the U.S. as a "fiancee." As long as she is a fiancee, K1 visa expires on Feb 26, 2005. But, then, she is not a "fiancee" any more. So what is her classification? Nobody seems to know since the INS officers give inconsistent answers. I personally know so many cases of inconsistency in various situations of immigrants and non-immigrants. If things get really bad, I would suggest you to contact your Congressman (or Congresswoman?). Your Congressman's office is usually quite helpful to his/her voter. The INS is usually quite responsive to the Congressman because their boss's boss's boss is subject to the scruitiny by the Congressmen.