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ESTA and 1-94

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  • ESTA and 1-94

    Hi there,

    Wonder if someone could help, am in the process of applying for green card, paper work has been sent to USCIS and they have sent me a notification asking for proof of legal entry into country.

    I came over from the UK and had tourist plus ESTA, married my American wife within 90 days and then started the process but only proof I have is the faded stamp on my passport as have no paperwork for ESTA and any !-94 I filled in was given over at airport.

    Will the photocopy of passport entry stamp be enough?

    Thanks,
    Dominic

  • #2
    Originally posted by dominicmills View Post
    Hi there,

    Wonder if someone could help, am in the process of applying for green card, paper work has been sent to USCIS and they have sent me a notification asking for proof of legal entry into country.

    I came over from the UK and had tourist plus ESTA, married my American wife within 90 days and then started the process but only proof I have is the faded stamp on my passport as have no paperwork for ESTA and any !-94 I filled in was given over at airport.

    Will the photocopy of passport entry stamp be enough?

    Thanks,
    Dominic
    I-94 is a document that is given to you at entry, that you will still have until you leave. If you entered since mid-2013, you got an electronic I-94.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      I-94 is a document that is given to you at entry, that you will still have until you leave. If you entered since mid-2013, you got an electronic I-94.
      Thanks for coming back to me on this, am a British citizen, came over in 2014 and haven't got a record of this. Surely my entry stamp on passport will be enough along with flight ticket copies and the FBI can search for my ESTA if they like.

      Comment


      • #4
        Originally posted by dominicmills View Post
        Thanks for coming back to me on this, am a British citizen, came over in 2014 and haven't got a record of this. Surely my entry stamp on passport will be enough along with flight ticket copies and the FBI can search for my ESTA if they like.
        I don't know what you mean by "haven't got a record of this". Did you try to look up your I-94 on the website and it can't find it? Did you try different spellings of your name and passport number, etc.? If you were admitted on VWP, you *must* have gotten an I-94, whether you know it or not.

        Technically an entry stamp does prove entry, which is sufficient for your case, but you will probably get RFEs asking for your I-94, and you don't want that hassle.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by dominicmills View Post
          Thanks for coming back to me on this, am a British citizen, came over in 2014 and haven't got a record of this. Surely my entry stamp on passport will be enough along with flight ticket copies and the FBI can search for my ESTA if they like.
          Try to use this site to see if they have your I-94


          Site seems updated since I last used it, before it used to be a pain if the immigration officer entered your name wrong or cut any part of your name, maybe now it's easier.

          If the I-94 is there just print the page, that's acceptable

          Good luck

          Comment

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