I-94 issue date and date of last entry don't match- is that a problem?

[ameliathegreat]

Hello,

My husband and I are in the final stages of putting our paperwork together to file for a marriage-based greencard (Filing concurrently I-130, I-485, I-864, I-765, I-131). As I was doing the finishing touches on the I-485 I realized that the issue date on my husband's I-94 is earlier than his last entry (he entered legally by walking across the border but was given no form). Is that an issue? What concerns me is that the date I enter for last entry into the US does not match the I-94 that I will be sending in with the same application, although it does between the date the I-94 was issued and the expiration date.

Any help on this would be greatly appreciated!
Thank you!

[minh6969]

I have the same question since I crossed border to Mexico and crossed back legally without giving any forms.

[rayb]

Walkover entries from Mexico and Canada are often not a matter of record, and explaining this with an attachment to your I-485 is not that big a deal. While it is true that there must be a record of legal entry for an applicant to be "adjusted" or have visa "converted," our special relationship with Canada is understood by USCIS reviewers. I've converted status for Canadians who entered the U.S. with B2 visas, student visas, and "walkovers" from Vancouver and some whistlestop border crossing in Northern Montana, and had no problems with describing the date and matter of entry on both the I-485 and I-130.

On the other hand, people in the U.S. with visitor visas or K1 visas who enter Mexico and return are risking an entry bar to the U.S. I heard of one K1 entrant who crossed over to see Niagara from the Canadian side and was not allowed back into the U.S. because her K1 visa was "single entry."

B2 visitors, however, take cruise trips, which stop at Mexico, Honduras, and other Gulf and Caribbean countries and return to the U.S. with no problem. While on a day trip from an Alaskan cruise, taking a bus into Canada and back, the Canadian Immigration officer looked at the Chinese passports with very close scrutiny (maybe looking for possible "one child-law asylum seekers").

--Ray B

Hello,

My husband and I are in the final stages of putting our paperwork together to file for a marriage-based greencard (Filing concurrently I-130, I-485, I-864, I-765, I-131). As I was doing the finishing touches on the I-485 I realized that the issue date on my husband's I-94 is earlier than his last entry (he entered legally by walking across the border but was given no form). Is that an issue? What concerns me is that the date I enter for last entry into the US does not match the I-94 that I will be sending in with the same application, although it does between the date the I-94 was issued and the expiration date.

Any help on this would be greatly appreciated!
Thank you!

[ameliathegreat]

Walkover entries from Mexico and Canada are often not a matter of record, and explaining this with an attachment to your I-485 is not that big a deal. While it is true that there must be a record of legal entry for an applicant to be "adjusted" or have visa "converted," our special relationship with Canada is understood by USCIS reviewers. I've converted status for Canadians who entered the U.S. with B2 visas, student visas, and "walkovers" from Vancouver and some whistlestop border crossing in Northern Montana, and had no problems with describing the date and matter of entry on both the I-485 and I-130.

On the other hand, people in the U.S. with visitor visas or K1 visas who enter Mexico and return are risking an entry bar to the U.S. I heard of one K1 entrant who crossed over to see Niagara from the Canadian side and was not allowed back into the U.S. because her K1 visa was "single entry."

B2 visitors, however, take cruise trips, which stop at Mexico, Honduras, and other Gulf and Caribbean countries and return to the U.S. with no problem. While on a day trip from an Alaskan cruise, taking a bus into Canada and back, the Canadian Immigration officer looked at the Chinese passports with very close scrutiny (maybe looking for possible "one child-law asylum seekers").

--Ray B

Thank you for your reply. My husband crossed into Mexico and back, not Canada (He is a Mexican national). Is it the same deal? He has a long-term B1B2 visa (the code on the visa has both B1B2...?) with multiple entries. So should I just attach a statement saying that he entered on foot on such and such date, and that's why the date doesn't match the I-94 card? (It is about 2 months after the I-94 issue date)

[rayb]

You have no other option for explaining the discrepancy between the I-94 date and his unrecorded exit and return from Mexico. If his passport was not even stamped for the last reentry to the U.S., an explanation describing his mode of entry on a separate attachment is the most prudent evidence you can offer.

--Ray B

Thank you for your reply. My husband crossed into Mexico and back, not Canada (He is a Mexican national). Is it the same deal? He has a long-term B1B2 visa (the code on the visa has both B1B2...?) with multiple entries. So should I just attach a statement saying that he entered on foot on such and such date, and that's why the date doesn't match the I-94 card? (It is about 2 months after the I-94 issue date)

[ckarimanoor]

Latest Entry In I 94 not matching Travel History

You have no other option for explaining the discrepancy between the I-94 date and his unrecorded exit and return from Mexico. If his passport was not even stamped for the last reentry to the U.S., an explanation describing his mode of entry on a separate attachment is the most prudent evidence you can offer.

--Ray B

Hi All,

I have a similar problem for my wife, as discussed in the forum here.
But it is stranger.
I and my wife went to Canada and came back by road on May 1, 2017. My I 94 latest entry date and travel history match correctly.
But my wife's Latest entry is still showing the last time she came into US by Air. But her travel history still shows May 1, 2017 same as mine.
I called the CBP of Philly and told, on one hand they mentioned that they don't do any change in the website, on the other hand they say, come to Airport office in person.
I will go this week but i am not sure if they will make any change.

Any suggestions? I need to file my H1 transfer and H4 with a new employer.

Thanks,
CK

[rayb]

Errors or failure to make an accurate I-94 available is quite common. The advice you were given, to go to the airport office (of Border Patrol) is all you can do to get some documentation of an updated entry date.

--Ray B

Hi All,

I have a similar problem for my wife, as discussed in the forum here.
But it is stranger.
I and my wife went to Canada and came back by road on May 1, 2017. My I 94 latest entry date and travel history match correctly.
But my wife's Latest entry is still showing the last time she came into US by Air. But her travel history still shows May 1, 2017 same as mine.
I called the CBP of Philly and told, on one hand they mentioned that they don't do any change in the website, on the other hand they say, come to Airport office in person.
I will go this week but i am not sure if they will make any change.

Any suggestions? I need to file my H1 transfer and H4 with a new employer.

Thanks,
CK

[ckarimanoor]

Errors or failure to make an accurate I-94 available is quite common. The advice you were given, to go to the airport office (of Border Patrol) is all you can do to get some documentation of an updated entry date.

--Ray B

Thanks Ray.. One good thing is, the new company HR confirmed that it will not delay the H1 petition transfer process.
So i will go on Friday and hope that the change can be made.
Thanks,
CK

[Houstander]

I-94 issue date and date of last entry don't match- is that a problem?

Hello All,

I have a similar issue and wanted to ask your opinion on it. I am petitioning for my mother to stay in the US and she is filling I 485. She came to US with a B-2 status that opened at a port of entry in Houston for 6 months period. She arrived in October.

My family and I took her for vacation in Cancun, MX for 7 days during Christmas time. When we came back, the border patrol re-validated B-2 by keeping the original expiry date and stamping the passport with the new date of entry.

I am trying to figure out if for the purposes of I 485, I should be entering the original date I-94 B-2 was issued, which is back in October, or a new date in December 2017 of when we came back from Mexico. When I look online, I-94 shows the last date of entry in December 2017.

I suppose I need to include the new date of entry, even though the 6 months I-94/B-2 was not extended and is counted from October and not December.

I just wanted to see smart people's thoughts on it.

Thanks,

Alla