Please Help With I-94 problem!

I

IndianInDallas

Registered Users (C)
Please Help,
Here is the situation.

My wife left for India one week back in Air India from JFK to Delhi. Her I-94 was attached to the passport and somehow she didn't notice that after checking-in , the air lines people didn't take her I-94 from the passport. When she reached India I talked to her and found out that it was still attched to her passport.

I tried calling Air India many times for the issue and they transfered my calls to personal all the time with no knowledge of I-94(I guess in India.). Now they say that can't do anything and I have to contact Indian ambessy.

My wife's I-94 is valid till April 04 and she has an AP to travel back. She is coming back in Feb 04. She has a valid H4 on her passport till April 04 also.

Please help me if you have heard of the same situation before and the possible solutions.

Thanks.
Indian In Dallas.
 
isnot i-94

the small stuff attached to passport which they take out when you exit out of the country?
If it is just remove it and dont worry about it. if the airlines didnot do it it is not your fault. i would just remove it and pretend ignorance if they ask anything or leave it there . it doesnot matter:)
 
Nothing to worry

Almost 50% of the I-94s that are collected by the airlines never make it in to the INS system. So don't worry about it. Just detach it from your passport and keep it with your other documents (for your future reference). You will have all the required stamps in your passport to prove the dates of your departure and arrival.
 
Yeah, It's I-94 (Arrival,Deaprture Record.)

What I am afraid of while she is coming back, immigration officer at the Port of Entry may say that we don't have your daparture record. What if she faces problem while coming back. She would be coming back with my two year old son(US Citizen) and I don't want them to go through long process after such a long journey.

Please Advise if there is way to hand it over to INS some how. AS her status is valid and she is still going to be in India for 3 more months.

One of my friend(co-worker) he is from China, He said once he went to Maxico to get visa stamp on his passport and he didn't give his I-94 at the border intenstionally. When he came back he got a new one to enter the country. Of course after getting his green card he turned all of them in, but it was all before 9/11 and it was a one day trip. I am not sure if you can still to do it.

Thanks for your reply.
Indian In Dallas.
 
IndianInDallas,

When did your wife leave and when is she coming back? There is a time lag (may be 45 days) from the time the I-94 was taken by the airline and the time it is entered in the system. If your wife comes back within that time, she should be okay. Just detach it and keep it safely. I don't think she'll have any problems while coming back. So ask he not to worry about this and enjoy D'wali!
 
Baji's

Thanks for Your reply,

She left one week back and coming back in mid Feb 2004.

Thanks.
IndianInDallas

Wish U all happy and prosperus Diwali.
 
Relax and Happy Deepavali,

Hi Guy, My approach in life is to always speak the truth. I would ask the INS guy at the port of entry if he wants the old I-94 and explain that it was not taken off the passport. It really is not your wife's fault if some moron somewhere did not do his or her job. I know she is going to be O.K. So don't worry.
 
several years ago I was a student and traveling back to china and I realized they had not taken my I-94. I tore it off and threw it back home before coming. No questions asked ever. hope it helps.
 
Per BCIS web site it may cause the problem at POE when you arrive next time. Web site suggest you to handover it nearest consulate in case if it is missed to handover at the Airport.

Please talk some attorney or put question on some chat. I suggest you to verify. Do not rely on BCIS errors.
 
I think turning in the I94 at return is better than taking it out your self. Same situation when you travel to Mexico for a new visa. The officer at POE will give a new I94 and take the old one back. This should be a common issue at POE. Keep boarding card or any proof for the departure would help.
 
It is the travellers responsibility to turn in the I-94. You can't blame the airline. That being said, I don't think it is a big deal. I suggest tucking it away somewhere. I would not leave it attached to the passport. This system of obtaining and turning in I-94 is flawed.
On a trip to Canada by car I turned in my I-94 to a Canadian official as the instructions on the back of the I-94 indicated. The Canadian official didn't know what it was or what to do with it. On the return trip to the US, ( I was a passenger) after a few questions, we were sent on our way and me without an I-94. I didn't worry about it because the next day I was getting on a plane to leave the US and I knew I would get another I-94 when I returned.
 
To all

I agree with Texas!!!, do not take it out yourself let them do it. They cannot detained you for not turning in the I-94 at the departure.

Guys calm down and enjoy your festival
 
w8nc

Any time you travel to Canada I-94 is not collected . I visit at least once a month to Canada to meet my relatives over their. Although it is not required you can get new I-94 at the POE. I guess they will charge $6 for that.
 
it should not be a problem.

The airlines generally collects the I-94's but they miss quite a lot of them too. You can either detatch it and keep it with you for records (I dont know how far it is advisable). If not keep it with the passport then the Immigration Officer at port of entry will take the old one and issue the new one for you. There should be no question regarding your departure records. If at all a question is raised then I think you can show the stamp on your passport By the Indian Immigration. That should be a sufficient proof to say that your wife is out of the country. You can also produce the air tickets to India.

But I think it should not be that big of a issue.
 
I-94 case story

if the I-94 is not given back or taken back by the immigration
official-then it is their responsibility.
But While re-entry- You have to make sure that you get a stamped/validated I-94.

Now my story:
While returning from India. the immigration guy gave me the I-94
but forgot to stamp it with dates etc etc.( New on the Job sort of a guy)
So that created a problem while renewing my H-1.
So the solution was to go to Mexico and return with validated/stamped I-94.

ofcourse those good old days pre 9-11.
Now it could be slighty more stringent.
 
Please follow this link for more information.

http://www.usembassy.org.uk/cons_web/ins/i94.htm

If you do mail anything, please make copies and send my certified mail, return receipt requested. Better be safe than sorry.

Some tips:

--Buy something with credit cards & bank cards immediately in India. Also buy something right before she leaves India.

--Make sure Indian immigration properly records arrival and departure dates in passport (make copies of passport incase it gets lost).

--Save your airline tickets and boarding passes. Vitally important.

--Make an affidavit under oath or something (I am just thinking ideas here).
 
Last edited by a moderator:
Thanks

Thanks for replies guys,

I just talked to my lawyer to make it clear, he said it's not a problem at all because she has valid status. She can keep the old I-94 with her and while coming back she will get a new one. In case the Immigration officer asks for the old I-94 then she can hand it over to him/her.

My lawyer said, most of the I-94 don't even make it to INS and are thrown away by airlines. But to be safe side don't throw it , keep it with you for record.

Thanks once again for all of your time and efforts.
IndianInDallas.
 
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