RFE(I-94) & BIOMETRICS CLASHING!...URGENT RESPONSE NEEDED!

[Joshua Ebbi 1]

Hello All,

I am a Canadian Citizen filing for an AOS and just recieved an RFE in the mail today(10-02-09) reqesting my showing my 1-94 as proof of entry while on the other hand, i had been previously scheduled for my Biometrics appointment next week wednesay (10-07-09). Here are my questions:

(1) As a Canadian Citizen visiting the United States, you are not given an 1-94 so i have written this letter and intend on sending it back to them. Would it suffice?

As regards the request for initial evidence letter sent to me by the USCIS to show proof of my legal entry into the United States, I would love to state that I am a Canadian Citizen and wasn’t issued an I-94 during my entry into the U.S.

I was inspected by a US customs official at Ottawa International Airport and then flew into Hartsfield-Jackson Atlanta International Airport, Georgia.

I have attached to this letter, a copy of the Bio data page of my Canadian Passport showing my country of citizenship (Canada), a copy of the boarding pass used for the said travel, as well as a copy of my flight ticket and nexus card (which was inspected by an immigrations officer)

(2) Should I still go in for my Biometrics appointment?

(3) How long might it take for my case to resume assuming USCIS gets my responce within 2 business days of sending it? ..Any similar case in this forum?

(4) I previosly worked in the U.S on a TN-1 Visa before marrying my USC wife and then moving back to Canada after my employment. During the period of my employment, i applied for and recieved my SSN. Now that i have applied for an EAD based on my AOS appliacation, would i be issued another SSN or since i wrote my SSN on the AOS application, i can continue using the old one as long as my EAD is approved.

Thank you!

[TracyTN 237]

Moving to correct forum.

[rika60607 215]

You should go to biometrics appt - they will take your fingerprints there.

You will be able to use your old SSN, they will just update your SSN card so that it says "unrestricted employment".

[visacheck 3]

Go to your biometrics appointment.

You will prolly be given the same SSN. What does your SS card say now? does it have an annotation?

[Gary and Alla 3,694]

Hello All,

I am a Canadian Citizen filing for an AOS and just recieved an RFE in the mail today(10-02-09) reqesting my showing my 1-94 as proof of entry while on the other hand, i had been previously scheduled for my Biometrics appointment next week wednesay (10-07-09). Here are my questions:

(1) As a Canadian Citizen visiting the United States, you are not given an 1-94 so i have written this letter and intend on sending it back to them. Would it suffice?

As regards the request for initial evidence letter sent to me by the USCIS to show proof of my legal entry into the United States, I would love to state that I am a Canadian Citizen and wasn’t issued an I-94 during my entry into the U.S.

I was inspected by a US customs official at Ottawa International Airport and then flew into Hartsfield-Jackson Atlanta International Airport, Georgia.

I have attached to this letter, a copy of the Bio data page of my Canadian Passport showing my country of citizenship (Canada), a copy of the boarding pass used for the said travel, as well as a copy of my flight ticket and nexus card (which was inspected by an immigrations officer)

(2) Should I still go in for my Biometrics appointment?

(3) How long might it take for my case to resume assuming USCIS gets my responce within 2 business days of sending it? ..Any similar case in this forum?

(4) I previosly worked in the U.S on a TN-1 Visa before marrying my USC wife and then moving back to Canada after my employment. During the period of my employment, i applied for and recieved my SSN. Now that i have applied for an EAD based on my AOS appliacation, would i be issued another SSN or since i wrote my SSN on the AOS application, i can continue using the old one as long as my EAD is approved.

Thank you!

What exactly are you trying to pull? If you entered on a spousal visa, fiance visa then you most certainly have an I-94 even if you are Canadian. If you entered on the usual visitor program for Canadians (not exactly a VWP but similar) then you are not eligible to adjust status and what you are doing is visa fraud. Attempting this can get you deported and banned for several years or even life.

Receiving the biometrics appointment is different entirely and has nothing to do per se with the RFE. If you do not have an I-94 I suspect you are not eligible to adjust status.

Since you are already married you need to file for a K-3 or CR-1 visa. Marriage has NOTHING to do with immigration status. Marrying a US citizen DOES NOT allow you to adjust status without the proper visa. It may have been possible to adjust status from your previous visa, but that opportunity passed when it expired and you wnet back to Canada. Be very careful what you are doing.

Go to your biometrics appointment.

You will prolly be given the same SSN. What does your SS card say now? does it have an annotation?

SS card and number is valid for life, no need for a new one.

I would sort this out before going to any biometrics appoitnment. You may need to withdraw your application and file for a CR-1 before you get yourself in HOT HOT water

[Kathryn41 3,205]

As a Canadian visitor, no, you would not have an I-94.

There are some questions that aren't clear from your post, though. You married your US citizen spouse while you were in the US on a TN visa? Then you left the US after you got married and returned to Canada? Finally, you returned to the US as a visitor to live with your US spouse and applied to adjust status?

If I am reading the circumstances right, you cannot adjust status that way. You entered the US with the intent to remain with your married spouse and apply for your green card - that is considered immigration fraud. You entered as a 'visitor' with the 'intent' to be an immigrant. You cannot do that legally. If you had not left the US after you married and applied to adjust status then, that would have been legal as you had not entered with the intent of staying, but your circumstances had changed while you were here. Since you left the US after your marriage, any application to adjust status during a visit to the US would be considered fraud. You would need to have a K-3 spousal visa to be allowed to adjust status. When you activated the K-3 you would have been given an I-94 valid for 2 years. That is what USCIS is requesting - the I-94 that gives you the legal right to enter the US as the spouse of a US citizen and apply for your green card from within the US.

If the above is true, you are on dangerous grounds right now. If the above is true, you cannot adjust status this way - it will be denied - and you will be deported and face a ban from ever entering the US again. You may want to discuss this with an immigration lawyer, but I suspect your wisest course of action right now is to withdraw the AOS application, return to Canada, and you and your spouse start the process to request a CR-1 visa. If you have already been in the US for more than 180 days, you may also be facing a ban upon re-entering the US for 3 years or more. When you go to the CR-1 interview you will be questioned about the circumstances of applying for the AOS this time. You will need to be honest and explain you did not realize that this was not a legal route and when you found out, immediately took steps to stop the illegal process and follow the legal one - and trust that the Consulate will be understanding.

I would not go for the biometrics as you cannot adjust status under your current circumstances. I would also strongly urge you to have a consultation with a competent immigration lawyer and provide him with all of the details of your situation.

Good luck.

Hello All,

I am a Canadian Citizen filing for an AOS and just recieved an RFE in the mail today(10-02-09) reqesting my showing my 1-94 as proof of entry while on the other hand, i had been previously scheduled for my Biometrics appointment next week wednesay (10-07-09). Here are my questions:

(1) As a Canadian Citizen visiting the United States, you are not given an 1-94 so i have written this letter and intend on sending it back to them. Would it suffice?

As regards the request for initial evidence letter sent to me by the USCIS to show proof of my legal entry into the United States, I would love to state that I am a Canadian Citizen and wasn't issued an I-94 during my entry into the U.S.

I was inspected by a US customs official at Ottawa International Airport and then flew into Hartsfield-Jackson Atlanta International Airport, Georgia.

I have attached to this letter, a copy of the Bio data page of my Canadian Passport showing my country of citizenship (Canada), a copy of the boarding pass used for the said travel, as well as a copy of my flight ticket and nexus card (which was inspected by an immigrations officer)

(2) Should I still go in for my Biometrics appointment?

(3) How long might it take for my case to resume assuming USCIS gets my responce within 2 business days of sending it? ..Any similar case in this forum?

(4) I previosly worked in the U.S on a TN-1 Visa before marrying my USC wife and then moving back to Canada after my employment. During the period of my employment, i applied for and recieved my SSN. Now that i have applied for an EAD based on my AOS appliacation, would i be issued another SSN or since i wrote my SSN on the AOS application, i can continue using the old one as long as my EAD is approved.

Thank you!

Edited October 3, 2009 by Kathryn41

[visacheck 3]

How is the OP's situation different from somebody adjusting status from a tourist visa aside from not having an I-94?

[Kathryn41 3,205]

If I interpret the situation correctly - the OP was in the US, got married, left the US, then returned to the US as a visitor to adjust status. That means that on his last entry to the US he was an intending immigrant but used a visitor's visa to enter the US - which is considered visa/immigration fraud.

The situation you describe is of a visitor who enters the US, meets someone and decides to get married while here and apply to adjust status. There was no intent upon arrival to remain in the US - his circumstances changed after his entry to the US.

The difference between the two situations is 'intent'. If the OP had not left the US to return to Canada he could have adjusted status from within the US legally from his current non-immigrant status. Once he left the US, however, he lost that opportunity and would need an appropriate spousal visa to adjust status to remain in the US.

[Gary and Alla 3,694]

How is the OP's situation different from somebody adjusting status from a tourist visa aside from not having an I-94?

None. Except he does NOT have am I-94 which means an automatice RFE...a sure enough "gotcha" Also as he is already married, he cannot very well claim it was "unplanned" If the situation is as I suspect. he needs to put a stop to this NOW before he gets himself in big trouble

[visacheck 3]

I was already married to my wife before I entered the US using a tourist visa.

[htslogistics-john 1]

I was already married to my wife before I entered the US using a tourist visa.

i wish i could tell you differently but since you were already married to your wife, your aos will probably get denied based on you leaving the U.S and if i'm correct you might get a ban don't know how long. you should have stayed in the U.S. after getting married and waited for AOS to be complete before leaving. now like previous comments the best way was a spousal visa, you might get lucky but i don't c how as they probably know when you came in and left. i was in the same shoes. from mexico you don't get an i94 but i didn't leave the U.S. until after aos was complete. Good luck, and i guess the best advise would be to contact a lawyer.

[Kathryn41 3,205]

How is the OP's situation different from somebody adjusting status from a tourist visa aside from not having an I-94?

None. Except he does NOT have am I-94 which means an automatice RFE...a sure enough "gotcha" Also as he is already married, he cannot very well claim it was "unplanned" If the situation is as I suspect. he needs to put a stop to this NOW before he gets himself in big trouble

Actually, that isn't exactly correct Gary and Alla,

If he had come here as a visitor, met his fiance and got married while here without returning home, he would still be here legally and legally allowed to adjust status - but he would not have an I-94. Canadian visitors do not receive an I-94. Canadians applying to adjust status under these circumstances do not receive a request for an I-94. Since he arrived as a visitor he did not receive an I-94, however, he wasn't a visitor - he was an intending immigrant so that is where the fraud comes in. As he was married when he entered and is applying to adjust status, USCIS expects him (or else knows he doesn't and is setting him up . . .) to have a K-3 visa which allows a spouse to enter the US and apply to adjust status.

As it does not appear the OP was aware that this was fraud, his best action is to back out of the AOS and initiate the proper process to get a CR-1 spousal visa before things get to the point of no return - literally.

Edited October 3, 2009 by Kathryn41