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Three weeks ago, my family was at the US Embassy in Tbilisi, Republic of Georgia (not a state in the USA) for an interview. The interviewer left our papers and pulled out a sheet of paper stating that we would receive an email asking us to receive the I-94 forms. After entering our information (name, surname, passport number) on the I-94 site, the site displayed: "Record not found for traveler." I then wrote a letter to the US Border Department on this site: https://help.cbp.gov and they wrote me that the I-94 could not accept a person who had never been to the US (we have never been; my father has lived there for years).

I wonder why the interviewer asked for this form and what to do in this case? I also sent this question to the embassy, but due to the many letters they have received, they have not been able to answer me for one week already.

The email I received from the consulate is as follows:

Please be informed that your cases have been refused under INA section 221(g) and they are undergoing administrative processing pending the submission of the following document: • Form I-94, Arrival/Departure Record; (Visas 92 only)

Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. Most administrative processing is resolved within 60 days. When administrative processing is required, the timing will vary based on individual circumstances of each case. Please fill in the forms online, print them out and provide them through the courier service TNT Express.

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    What kind of visa are you applying for? Did your application indicate that you have never been to the US? Have you received the e-mail message that the interviewer mentioned? If so, what exactly did it say?
    – phoog
    Feb 3, 2022 at 12:43
  • The I94 form is what is filed when you enter the US. Not been to the US, no I94, that’s quite normal. I find it surprising they would need you to get that info, they should have access to that directly (and in such a way they can trust the data). Maybe they meant you should start filling out the I94 forms? Having the exact text of the email would indeed help.
    – jcaron
    Feb 3, 2022 at 13:40
  • Did you call the embassy?
    – DJClayworth
    Feb 3, 2022 at 14:32
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    Yes this doesn't make much sense on their part, since you don't have, and can't have, a form I-94. This is a wild guess, but is it possible they really want to see a copy of your father's form I-94? Unfortunately, there is little we can do but guess; you'll really need an answer from them as to what documents they want from you exactly.
    – Zach Lipton
    Feb 3, 2022 at 22:41
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    The "Visas 92" bit kind of suggests it is plausibly your father's I-94, from when he first entered the US, that they are interested in. This seems silly since they'll have access to everything that could tell them in your father's USCIS file, but maybe there is a regulation that says that a copy of that I-94 needs to be included for the V-92 application to be complete, or something?
    – user38879
    Feb 4, 2022 at 1:32

1 Answer 1

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Firstly, let's define what an I-94 is. Historically, an I-94 was the piece of paper obtained when a non US citizen/permanent resident entered the US, which contained details of the period of stay the person had been granted inside the US, the visa class they were entering under, etc. Upon leaving the country, the I-94 was returned to the US government (generally by being collected by the airline who then gave them to the government).

With very few exceptions, you can not have an I-94 when you are outside of the US, as it is collected when departing the US. It is only something that a person inside the US would have.

Now days, I-94's are almost always electronic, and there is a website that can be used to obtain a copy of your CURRENT I-94 record - but again, only if you are physically inside the US at the time. Once you leave the US, the I-94 ends. After that point you can view your I-94 history, but you can not view your current I-94 as you no longer have one.

So a consulate outside of the US asking someone to provide their own I-94 simply makes no sense - even if the person had previously visited the US, they would no longer have an I-94 whilst they were outside of the US. Which means that's clearly not what you were asked to provide.

Your rejection notice refers to "Visas 92". Visas 92 refers to a Follow-to-Join Asylum Visa. This is where one member of a family is granted asylum in the US, and then a spouse or child may also be allowed to "Follow-to-join" that person in the US. "Follow-to-join" cases can only be considered where the original applicant is already physically in the US.

Hopefully you can already see where this is headed. The family member that has been granted asylum is already in the US - and thus has an I-94. It is almost certainly this I-94 that you are being asked to provide. The consulate will require this as proof that the person is in the US, and in order to view their immigration status in the US.

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