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Canadian with no 194 and interview schuled

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Filed: AOS (pnd) Country: Canada
Timeline

Hi all,

I have been reading this forum for a long time and now have questions and if any one could answer some would be grateful.

I have my interview in early feb.

I am married to a usa woman ( love being married btw )

1- I have been an overstay for 3 yrs. i did not get a i94 when i entered. I do have an affidavit from my sister because she crossed with me stating that the poe did not issue one at the time. since i do not have a i94 for my interview - any tips or advise for adressing this ?

2- i was denied entry 3.5 yrs ago and the poe wanted to see more ties to canada. 3 days later i returned with my ties and equities' to canada and was let in to usa. Again should i be worried about this previous denial.

3- i have lived in the usa for 3 yrs now - will the interviewer ask if i have worked? if they did some due diligence they may find people that i have done some small jobs for. the place i live is a real small town and everyone knows each other.

This forum is amazing and I highly reccommend it. I hired an immigration attorney in the usa and they were shocked at how knowledgeable and prepared I was ....and it was just from reading posts here. People - pay attention and prepare - vj is an excellent resource

please- any advise is very gratefully appreciated

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No, you do not need to worry about the I-94. Canadians adjusting status from tourist visas hardly ever have them. I didn't have one either. They will already know you don't have them because in your paperwork that your lawyer filled out on your behalf ( I am guessing they did), they will have already put "N/A" in all the hundreds of places that ask for your a#, which is the # on the I-94. USCIS knows this. Nothing to worry about.

I am not super knowledgeable about the other two questions, but I think you should be okay. If the official at the POE decided you were eligible for entry the second time, then that was their decision, which I don't think they will question. I believe any work you have done over the last three years will be forgiven through you marriage and adjustment process, so no worries there either. Your lawyer will tell you if it is a concern, so doesn't sound like it is!

Concurrent I-130 and AOS

Nov 30 2007 - I enter US as a tourist to spend the ski season with my sweetie and figure out what we both want outta life - we plan on ending up in Canada, but...

Jan 30 2008 - We get married in Vegas! We decide to stay in the US.

Feb 08 2008 - File I-130, I-485, AP and EAD

Feb 11 2008 - Package arrives in Chicago

Feb 19 2008 - Receive NOA 1 for everything except I-485. NOA date Feb 15th

Feb 19 2008 - Touch I-130, AP, EAD

Feb 21 2008 - Receive I-485 NOA 1. NOA Date Feb 15th

Feb 22 2008 - Receive Biometrics notice, dated Feb 20th, for appointment March 11th

Feb 27 2008 - Walk in to Denver field office and have Biometrics taken early as the 11th March I'll be away

Apr 16 2008 - EAD card production ordered

Apr 16 2008 - AP approval sent

Apr 21 2008 - AP received in mail

Apr 21 2008 - EAD card production email received again - strange

Apr 24 2008 - EAD card approval notice sent email

Apr 26 2008 - EAD card received

May 03 2008 - Interview notice received -June 27th

May 22 2008 - Touch on I-485

June 09 2008 - I-130 finally shows up online and shows a touch that day, so does I-485

Jun 27 2008 - Interview - approved, stamped, received card production email. Ya-hoo!!!!

July 10 2008 - Card received

Total time from filing - approval: 4.5 months

MOVED TO SAN DIEGO!!

Lifting of Conditions

June 11 2010 - Package mailed

June 16 2010 - NOA date

July 2 2010 - Bio letter received - July 27th date

July 9 2010 - Early biometrics walk in San Marcos CA

Sept 16 2010 - Card production ordered

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
No, you do not need to worry about the I-94. Canadians adjusting status from tourist visas hardly ever have them. I didn't have one either. They will already know you don't have them because in your paperwork that your lawyer filled out on your behalf ( I am guessing they did), they will have already put "N/A" in all the hundreds of places that ask for your a#, which is the # on the I-94. USCIS knows this. Nothing to worry about.

I am not super knowledgeable about the other two questions, but I think you should be okay. If the official at the POE decided you were eligible for entry the second time, then that was their decision, which I don't think they will question. I believe any work you have done over the last three years will be forgiven through you marriage and adjustment process, so no worries there either. Your lawyer will tell you if it is a concern, so doesn't sound like it is!

I disagree about the work. While they sometimes forgive an overstay - i'm pretty sure that working illegally in the U.S. will be frowned upon.

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No, you do not need to worry about the I-94. Canadians adjusting status from tourist visas hardly ever have them. I didn't have one either. They will already know you don't have them because in your paperwork that your lawyer filled out on your behalf ( I am guessing they did), they will have already put "N/A" in all the hundreds of places that ask for your a#, which is the # on the I-94. USCIS knows this. Nothing to worry about.

I am not super knowledgeable about the other two questions, but I think you should be okay. If the official at the POE decided you were eligible for entry the second time, then that was their decision, which I don't think they will question. I believe any work you have done over the last three years will be forgiven through you marriage and adjustment process, so no worries there either. Your lawyer will tell you if it is a concern, so doesn't sound like it is!

I disagree about the work. While they sometimes forgive an overstay - i'm pretty sure that working illegally in the U.S. will be frowned upon.

I am not sure, of course, but this topic has come up a few tomes in the adjusting from student, work and tourist visa forum, and it seems that overstay and illegal employment can be forgiven (ie: is generally forgiven) on filing AOS. Not to say they don't frown on it, but that in general is is not a deciding factor in granting LPR status. However I would not volunteer the info unless you are asked directly. And then don't lie! Doing some small odd jobs for cash is not the same as being employed with a fake social, and my personal opinion is that they are not going to go chasing all over the place to find out if you mowed a few lawns or fixed a computer or something. This is just my opinion as I didn't face this situation myself. I would do a search in the other forum becasue there are quite a few discussions about it.

Concurrent I-130 and AOS

Nov 30 2007 - I enter US as a tourist to spend the ski season with my sweetie and figure out what we both want outta life - we plan on ending up in Canada, but...

Jan 30 2008 - We get married in Vegas! We decide to stay in the US.

Feb 08 2008 - File I-130, I-485, AP and EAD

Feb 11 2008 - Package arrives in Chicago

Feb 19 2008 - Receive NOA 1 for everything except I-485. NOA date Feb 15th

Feb 19 2008 - Touch I-130, AP, EAD

Feb 21 2008 - Receive I-485 NOA 1. NOA Date Feb 15th

Feb 22 2008 - Receive Biometrics notice, dated Feb 20th, for appointment March 11th

Feb 27 2008 - Walk in to Denver field office and have Biometrics taken early as the 11th March I'll be away

Apr 16 2008 - EAD card production ordered

Apr 16 2008 - AP approval sent

Apr 21 2008 - AP received in mail

Apr 21 2008 - EAD card production email received again - strange

Apr 24 2008 - EAD card approval notice sent email

Apr 26 2008 - EAD card received

May 03 2008 - Interview notice received -June 27th

May 22 2008 - Touch on I-485

June 09 2008 - I-130 finally shows up online and shows a touch that day, so does I-485

Jun 27 2008 - Interview - approved, stamped, received card production email. Ya-hoo!!!!

July 10 2008 - Card received

Total time from filing - approval: 4.5 months

MOVED TO SAN DIEGO!!

Lifting of Conditions

June 11 2010 - Package mailed

June 16 2010 - NOA date

July 2 2010 - Bio letter received - July 27th date

July 9 2010 - Early biometrics walk in San Marcos CA

Sept 16 2010 - Card production ordered

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