K1, I-94 Question

Old Aug 22nd 2011, 9:40 pm
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Default K1, I-94 Question

Hello Everyone,
Since I last posted, I have moved to Los Angeles with my fiancee & son and my fiancee is now my wife!.
Anyway I was Admitted to LAX on July 26, on the K1 visa, but the CBP officer has written the "until" date as August 24 2011 which is under a month from the date I arrived.

Although we are married we have not sent AoS paperwork yet because I'm waiting on a police certificate from England and my wife is waiting to start another job to give us a financial boost which we expect to be complete in about 3 weeks.

I'm planning on driving to the airport later when my wife gets back from work to see a CBP officer at the information center, because its been on my mind since I noticed it last week, I'm guessing its an error, but does anyone have any ideas?
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Old Aug 22nd 2011, 9:44 pm
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Default Re: K1, I-94 Question

Originally Posted by Slipstream View Post
Hello Everyone,
Since I last posted, I have moved to Los Angeles with my fiancee & son and my fiancee is now my wife!.
Anyway I was Admitted to LAX on July 26, on the K1 visa, but the CBP officer has written the "until" date as August 24 2011 which is under a month from the date I arrived.

Although we are married we have not sent AoS paperwork yet because I'm waiting on a police certificate from England and my wife is waiting to start another job to give us a financial boost which we expect to be complete in about 3 weeks.

I'm planning on driving to the airport later when my wife gets back from work to see a CBP officer at the information center, because its been on my mind since I noticed it last week, I'm guessing its an error, but does anyone have any ideas?
I am curious as to how you obtained the K1 without the police cetrificate?
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Old Aug 22nd 2011, 9:52 pm
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Default Re: K1, I-94 Question

Originally Posted by ljaw2002uk View Post
I am curious as to how you obtained the K1 without the police cetrificate?
I didn't, however I need another one to file with the AoS packet.
I have a spare ACPO certificate, but I'm waiting on a police record for a caution because my old one has expired.

Regards,
James
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Old Aug 22nd 2011, 10:12 pm
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Default Re: K1, I-94 Question

Originally Posted by Slipstream View Post
I didn't, however I need another one to file with the AoS packet.
I have a spare ACPO certificate, but I'm waiting on a police record for a caution because my old one has expired.

Regards,
James

No you don't need a police certificate and there is no where on the I-485 that states that you do. You do not have to complete the I-130 btw.

Your previous ACPO certificate was in the brown envelope which is now in the possession of the USCIS.

As for the date, you are correct and they are wrong. You can have them change it.
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Old Aug 22nd 2011, 10:36 pm
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Default Re: K1, I-94 Question

Originally Posted by Rete View Post
No you don't need a police certificate and there is no where on the I-485 that states that you do. You do not have to complete the I-130 btw.

Your previous ACPO certificate was in the brown envelope which is now in the possession of the USCIS.

As for the date, you are correct and they are wrong. You can have them change it.
Rete,

Many Thanks for your reply,

I'll drive down to LAX this evening and get the CBP to correct the I-94.

I thought a Criminal Record certificate was required, from the NPA database after reading page 3, "Criminal History" on the instructions for I-485
http://www.uscis.gov/files/form/i-485instr.pdf

Regards,
James
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Old Aug 22nd 2011, 10:44 pm
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Default Re: K1, I-94 Question

Originally Posted by Slipstream View Post
Rete,

Many Thanks for your reply,

I'll drive down to LAX this evening and get the CBP to correct the I-94.

I thought a Criminal Record certificate was required, from the NPA database after reading page 3, "Criminal History" on the instructions for I-485
http://www.uscis.gov/files/form/i-485instr.pdf

Regards,
James
No, you do not need an updated Police Certificate to file AOS.

Rene
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Old Aug 22nd 2011, 10:59 pm
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Default Re: K1, I-94 Question

Originally Posted by Noorah101 View Post
No, you do not need an updated Police Certificate to file AOS.

Rene
Thankyou,
That's 2 less things for me to worry about!

Regards,
James.
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Old Aug 22nd 2011, 11:07 pm
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Default Re: K1, I-94 Question

Originally Posted by Slipstream View Post
I'll drive down to LAX this evening and get the CBP to correct the I-94.
Are you sure you even need to do that? Think first of the reasons you were admitted for a 'short' date. Did you have your medical last August? You say your ACPO is close to expiring.. how old is it? If either of those documents expired in August, that could be why you were admitted so briefly as a K-1.
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Old Aug 23rd 2011, 12:24 am
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Default Re: K1, I-94 Question

Originally Posted by meauxna View Post
Are you sure you even need to do that? Think first of the reasons you were admitted for a 'short' date. Did you have your medical last August? You say your ACPO is close to expiring.. how old is it? If either of those documents expired in August, that could be why you were admitted so briefly as a K-1.
Sorry I didn't explain myself properly,

There is one police certificate from the NPA database that documents all the details of an arrest or caution which you apply for at a local police station.
The USCIS has an old copy, and at the visa interview the CO asked me for a newer copy but I think he found the old one in the case file.
That is the one that expires after one year and I thought would need an updated one after reading the I-485 instructions noted above about criminal history, because it hold the details of the offense.

The ACPO certificate does not hold the actual details of a caution/conviction etc, and that one I applied for in late March 2011 so that one is not anywhere near expiring. and my medical was on 14 Feb 2011, so I see no reason for this "short date", and never knew they could give shorter than 90 days.

The only other thing that was odd was that when i arrived the CBP officer tried to claim I had been arrested in the US before which was impossible being as this is the first time I've ever been here.
So they held me in secondary inspection for about 45 minutes, then another officer said I was ok and that he would stamp my passport.

I called the CBP offices today on the advice of the USCIS about the short date on the I-94 and they said to go to their offices at LAX and they would check it and correct any mistakes. being as the "until" date is 2 days away, I'd rather have an I-94 with a proper date and avoid any problems later when filing AoS etc.

Regards,
James
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Old Aug 23rd 2011, 1:42 am
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Default Re: K1, I-94 Question

James, that does sound unusual.

Good luck at CPB, let us know what happens.
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Old Aug 24th 2011, 4:59 am
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Default Re: K1, I-94 Question

Originally Posted by meauxna View Post
James, that does sound unusual.

Good luck at CPB, let us know what happens.
Just to let you all know and to help anyone else who may have this happen, I went to the CBP today and it turns out it was an error, so they corrected the date to 25 October 2011, which gives us extra time to sort everything for AoS out.

Thanks for your replies & support.

Regards,
James
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Old Aug 24th 2011, 11:43 am
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Default Re: K1, I-94 Question

As a general comment -- when the POE makes a mistake, one can go to the local "deferred inspection" unit. In OP's case, he happened to live in the same city where the POE was located, so it was easy. However, many people travel on from the POE to their ultimate location. [I've entered via DFW or EWR for example. In June I entered from Central America at HOU].

Do not assume that the Deferred Inspection Unit is at the airport. Here in Los Angeles, it only moved to LAX in 2010. For years it had been downtown at the 300 North LA Street.

BTW, the practice has been to have the alien prepare an I-538 or I-539 form to be filed without fee at deferred inspections. From what I understand, the idea is to have an application to adjudicate.
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