Need help for RFE

[k88]

Got RFE requesting I-94 for a period about 3.5 years ago. Visited US in B2, left US in less than 6 month (I-94 allowed to stay 6 month). When we left, the I-94 was sudmited to the officier at border. We do not have photo copy and not stamps on passort. We came back later in different visa (no RFE for this).

What should we do to reply this RFE? Thanks in advance.

 

[pralay]

Apart from providing an entry stamp on I-94, US immigration officer does stamp on passport. Basically the same stamp and date he/she puts into I-94 and passport. I don't understand why you don't have that stamp on your passport. If you don't have just write letter and explain the situation. In addition mention your entry and exit dates with supporting documents.

You mentioned that you exited at border. So I assume you don't have flight iternary/receipt too. US BCBP does not put stamp at depature. However, do you have entry stamp on your passport where you entered - like Canadian or Mexico immigration?

 

[k88]

re

Thanks for reply. I did get entry stamp, but it is empty (no information for visa type, months allowed to stay). The officier did not fill in any information. It was 4 years ago. We do not have any supporting documents.

I exited at border. No stamps from the the country entered (Mexico).

Apart from providing an entry stamp on I-94, US immigration officer does stamp on passport. Basically the same stamp and date he/she puts into I-94 and passport. I don't understand why you don't have that stamp on your passport. If you don't have just write letter and explain the situation. In addition mention your entry and exit dates with supporting documents.

You mentioned that you exited at border. So I assume you don't have flight iternary/receipt too. US BCBP does not put stamp at depature. However, do you have entry stamp on your passport where you entered - like Canadian or Mexico immigration?

 

[max2k1]

Thanks for reply. I did get entry stamp, but it is empty (no information for visa type, months allowed to stay). The officier did not fill in any information. It was 4 years ago. We do not have any supporting documents.

I exited at border. No stamps from the the country entered (Mexico).

This is messy ...

I know that usually they stamp your PP AND the I-94 with the same date stamp (red colored).
Personally, I've seen the passport stamp not being done on 2 of my entries here - don't know why.

Its bad that the other country did not put an "entry" stamp -- so basically there is no way for you to prove that you indeed left the US before the said 6 months !

Just an idea ... was there anyone traveling with you that day ? ( preferably somone that's not applying for 485 with you ) - other than wife/kids - friends maybe ?

If so, you can get a sworn affidavit from them that all of you left on said date, via whatever means of transport and into Mexico thru whichever city -
That might help ... try it

 

[pralay]

Thanks for reply. I did get entry stamp, but it is empty (no information for visa type, months allowed to stay). The officier did not fill in any information. It was 4 years ago. We do not have any supporting documents.

I exited at border. No stamps from the the country entered (Mexico).

Then write a letter specifying followings (or let your attorney do that):

1. date of entry + port of entry
2. the duration visit the officer allowed on I-94 (as far you remember).
3. your exit date + port of exit

In addition, attach a photocopy of the passport page where the officer stamped at point of entry.

 

[k88]

Thanks, Max2k1, A friend drive me to Mexico in that day. I may get a sworn affidavit from him. This could be the only way we can do.

This is messy ...

I know that usually they stamp your PP AND the I-94 with the same date stamp (red colored).
Personally, I've seen the passport stamp not being done on 2 of my entries here - don't know why.

Its bad that the other country did not put an "entry" stamp -- so basically there is no way for you to prove that you indeed left the US before the said 6 months !

Just an idea ... was there anyone traveling with you that day ? ( preferably somone that's not applying for 485 with you ) - other than wife/kids - friends maybe ?

If so, you can get a sworn affidavit from them that all of you left on said date, via whatever means of transport and into Mexico thru whichever city -
That might help ... try it

 

[pralay]

Thanks, Max2k1, A friend drive me to Mexico in that day. I may get a sworn affidavit from him. This could be the only way we can do.

But remember when the RFE is for I-94, just providing exit information is not enough. So you have to prove that you entered to USA legally and stayed legally before you exited thru border. I-94 is the only document that establishes your legal status (neither visa stamp on passport nor any other document does that). It's important to establish that 3.5 year back you had an I-94. The stamp on passport is one way to do that (if the POE officer did not write date, it's his/her problem).

 

[max2k1]

But remember when the RFE is for I-94, just providing exit information is not enough. So you have to prove that you entered to USA legally and stayed legally before you exited thru border. I-94 is the only document that establishes your legal status (neither visa stamp on passport nor any other document does that). It's important to establish that 3.5 year back you had an I-94. The stamp on passport is one way to do that (if the POE officer did not write date, it's his/her problem).

See the screw up is that officers at POE don't always stamp your pp (in addition to I94) - I have 2 entries from past that don't have the US entry stamp !
Unfortunately, I didn't care during those trips and never asked the officer at POE ...

So, the original poster's only recourse ( assuming he has no stamp) is to submit a sworn statement of facts like you said and also get the sworn statement from his friend that drove him to Mexico.
Both of this should prove that he entered and stayed only for the said duration and exited on the said date.

In all fairness, USCIS should have a better system to track our entry/exit -- its really ridiculous to go ask for a copy of I-94 from 3+ years back !!
- Whatever - what can we do

 

[k88]

The stamp may prove that I received a I-94 in that time. I wonder did the POE officier record the I-94 that I submitted to them to their computer system.

But remember when the RFE is for I-94, just providing exit information is not enough. So you have to prove that you entered to USA legally and stayed legally before you exited thru border. I-94 is the only document that establishes your legal status (neither visa stamp on passport nor any other document does that). It's important to establish that 3.5 year back you had an I-94. The stamp on passport is one way to do that (if the POE officer did not write date, it's his/her problem).