Urgent:Any problem travelling without I-94?

H

hgc

Registered Users (C)
We had 485 interview (details in other post). And I am on H1B and my wife on Pending AOS. Our passport were not stamped as still security checks are left. Now what IIO did was took out my wife's I-94 and told that she don't need it. We told IIO that we are travelling tomorrow to Canada and IIO said at POE my wife will get a new one while coming back.

Now I am not sure if at POE without taking the old I-94, how they will give a new one?

I hope my wife won't get into trouble while coming back from Canada to US.

Surprisingly, I asked for my I-94 (h1-b) and she gave me back.

So, is there a problem to person entering united stated without I-94 when the person is on Pending AOS? We will be coming back to usa in 10 days.

Please advice, this is urgent.
 
thx

I am just going to go without worrying abt it... we both have aps and i will just let them know that IIO screwed up!

anyways... thanks
 
I don't think you are good to go just because the IIO said so. They do not have any stake and the officer you deal with could determine otherwise. As far as I know, for Canada you do not have to surrender I94 and hence while coming back there is no problem. But if you do not have the I94, the enry is treated as any other international entry and you should have a valid VISA. In your case it has to be advanced parole. Please consult a lawyer or postpone your visit - no fun in getting out of fire and perishing in smoke.

Best of luck.
 
can not postpone visit

Luckily, I do have photocopy of I-94. If there is a problem at border, she can always stay in Canada and I can always talk to the IIO and resolve the matters. Moreover, she gets new I-94 everytime she "FLIES" back from Canada. Driving, Immigration do not give new I-94. She has valid AP as well.
 
Last edited by a moderator:
hgc said:
Luckily, I do have photocopy of I-94. If there is a problem at border, she can always stay in Canada and I can always talk to the IIO and resolve the matters. Moreover, she gets new I-94 everytime she "FLIES" back from Canada. Driving, Immigration do not give new I-94. She has valid AP as well.
Click to expand...

For Canada, you do not surrender your I-94 when going over, only when returning.
Earlier this year when I went, I (incorrectly) surrendered my I-94 at the airline check-in. When returning, the INS officer asked for my I-94. I said I no longer had it, that the airline had it. It was not a problem. I just got an info-mercial on when to and when not to surrender and I-94.
I assume that a photocopy would keep them happy, as they should be able to check the number on their computer. Just guessing.
 
I guess you can go, but make sure to have valid AP or valid visa status.

Suggestion: You have to wait until your cases are approved and your passports are stamped .
 
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