Different I-94 dates for mother and father

Triple Citizen said:
What correction? What makes you think there is an error in the I-94s?
Click to expand...

Good points everybody.

What we are saying is that one spouse got JUN 09, and other got JAN 09.

so that might be a mistake?

My parents were here from May-Jul 07 and returned Dec 08 AFTER 16 months. In that visit they had I-94 of 6 months each though they stayed only less than 3 months. (coming in 1st week May and departing last week Jul)

This time they intend to stay 3-4 months. Mother is covered because her I-94 is 6 months, though father's is only 1 month.

Please provide suggestions:

I can try in San Francisco USICS office but don't want to get into trouble as Triple Citizen has suggested, if it is not a regular thing. There were inspected regularly at POE, so deferred inspection is not really the point. The point is one person in party of 2 getting 6 months and the other 1 month.

If we go to USCIS office, I DON'T want USCIS to reduce mother's I-94 to 1 month too. (Surely if they can change dates forward as others have suggested through anecdotal experience they can move them backward too).

Would it be better to apply I-539 instead?

If so ->
  1. Other people in this forum have mentioned about REASON for extension. But I-539 does not have a question about reason. So what gives?
  2. When should that be filed? (Current I-94 expires first week of Jan 2009)
  3. Should e-filing be done.
 
Last edited by a moderator:
Why would it be a mistake? I have seen people being issued I-94s that were valid for only 48 hours. If they entered together and were inspected together, it means the POE office had to change his stamp date for the father. So he/she made the effort to change his/her stamp for one applicant. Thus the chance of it being a mistake is really, really small. More likely, the officer wanted to grant both applicants different durations of stay.

aaifor said:
What we are saying is that one spouse got JUN 09, and other got JAN 09.

so that might be a mistake?
Click to expand...

Really bad idea, in my opinion, on a restricted I-94.

aaifor said:
Would it be better to apply I-539 instead?
Click to expand...
 
TC,
My parents have been to USs previously and returned back over 16 months ago. Stayed for <3 months with earlier I-94 of 6 months. So have demonstrated intent to depart in time.

JAN and JUN are similar, so might have been mistake (speculate). I have seen your advise in other threads To be pessimistic and tend to agree with a lot of your opinions. Your and mine opinions DO not hold legal canon since we are (at least I am) NOT officers. So they are conjectures based on anecdotal readings even though we might point to laws.

Also as others have pointed through anecdotal experience this is NOT uncommon for 2 in a party getting different dates. And some have get that fixed.

I-539 does allow B-2 holders to extend and some have and some haven't been able to do that.

restricted I-94 is a term coined in these forums. Unless there is No EOS/COS stamped restricted I-94 is speculation again.

Again I am looking for a solution. The risk of I-539 being denied is a decision i am mulling over and will decide.

Appreciate your feedback, though

Now looking to others for action that can be taken and mechanism to do that.

Like trying deferred inspection even though that is NOT the case here since my father was inspected at POE and not told to appear.
 
aaifor,
Please PM creativeum to get to know how he got the I94 dates corrected. His case and your case are similar.
Good Luck.
 
aaifor,

One thing that you may want to consider for the Extension is that if it is denied, the 10-yr multiple entry visa gets automatically canceled (see USCIS website) and your parents will have to apply for a new visa the next time around, which might prove tricky.

I am in the same situation, My Dad got a 3-M stamp and Mom got a 6-M stamp. They have been visiting US for the past 14 yrs and this is 1st time this has happened. They have never extended their stay during their past visits.

I have an appt w/immigration officer in SF on Monday (12/15) to see if I can get my Dad's I-94 re-stamped for 6-M. If it does not pan out, my parents will go back before my Dad's I-94 expires. Applying for extension is not a wise option, in my opinion, since it runs the risk of getting the 10-yr visa canceled, which is a bigger headache than just going back early.

I will convey my experience after the appt on Monday. If successful, I will write about the process I followed.
 
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Hi All

I got my dad's I-94 corrected to match my Mom's. Now they both have 6 months. Here is what I did.

1. Took an appt online using infopass to meet with an immigration officer at the Sansome street location.

2. While there, explained to the officer how my parents were stamped with diff dates. He asked whether they both went to the same officer at the same time at the airport. I confirmed. Not sure how they would know otherwise.

3. showed the officer both my dad's and mom's passport and I-94's. he wrote a note for the CBP (Customs and Border Patrol) office, which is on the 9th floor, room 931 to verify the information.

4. we went to the 9th floor and handed the note and my dad's passport to the lady at the counter.

5. In 10 mins she came back with a new I-94 with the 6-month stamp and the annotation "I-94 corrected".

6. The entire process took about 45 mins with most of the time spent waiting.

Hope this helps. Send me a private email if anyone needs more info.
 
bhidu1,
It is nice of you to post your experience and got the I94 corrected. I wish aaifor had the same courage as you have to approach concerned personnel to get his problem solved.
 
Extension - I 94

My parents are visitn us and have valid I-94 until April 2009 (six months). They are here on a B2 visa. They plan to be here till then. However for a family wedding they have to come back once again in mid of June for a month. They have a 10 year multiple entry visa and have travlled twie before in year 2000 and 2003 for three and two months. My question is:

1) Is it possible for them to extend their stay in the USA from April 2009 to Aug 2009.
2) Is it recommended to do so or should they go and come back. Will there be any issues if they return in a shortwhile.
3) What is the process to extend their stay in the USA (B2 visa).
4) By when one has rto make the application process?

Please advise.
 
In my opinion going back to their home country in April 09 and comming back in Mid June 09 will not be looked into kindly by the VO at POE. They are supposed to spend more time in their home country than what they did in USA.
They may be given restricted entry when they come in Mid June 09 or denied entry if they IO is very strict.
 
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