New member preparing to file... I-94 question...

[acec 0]

Yes - I believe that would fall under the 'adverse factors' they mention (if the conversation is adverse that is...)

I am really confused. You can not enter the US with intent to immiragte but you are allowed to file your paperwork from within the US?

[HeatDeath 430]

I am in a very similar situation. When I crossed the CBP didn't ask me anything about my trip or me, just when I was coming back. Is that going to be a problem?

The important thing is that you did not misrepresent yourself - that your answers at the time represented your honest intent at that time - ideally, that you also did not equivocate or conceal relevant information at the time of entry.

Changing your mind after entry and deciding to stay - OK.

Intending to stay and deceiving the border officer, or allowing the border officer to deceive him/herself - NOT OK (but according to the quoted case law, not apparently insurmountable either, though we still wouldn't encourage that sort of thing.)

[HeatDeath 430]

I am really confused. You can not enter the US with intent to immiragte but you are allowed to file your paperwork from within the US?

That is exactly correct. US immigration law is based on the fundamental concept of "intent". A century plus of case law has established that it is primarily your intent at the time of entry that governs whether you are admissable or not. Never mind the practical problems this creates for border officers and indeed, the entire immigration system. Visas are classified based on the intentions that are allowable under each one. If you are on a tourist visa, you are inadmissable if you have intent to immigrate. A fiance visa is useful because it allow you to have the intent to immigrate. Some visas are "dual intent", allowing you to both intend to return but possibly to immigrate, etc.

[DavidC 1]

Hi guys, I hope you're having a good day. I wasn't sure if it was better to resurrect this thread or start a new, I decided to post here because all my information is already in this thread - I hope that's okay. I've got all of the I-130 package put together and now i'm moving on to the I-485 package, I just have a few questions about how I should fill out my I-485 form if that's okay...

1. I'm not sure what I should put in as my Current USCIS Status .. B1/B2 visa that Canadian's are just automatically granted when they enter a POE even though there's no paperwork?

2. Under Part 2 - Application Type, I don't see my situation under any of the check mark options - should I put a check under 'Other Basis of Eligibility' and explain that I entered through a POE technically as a B1/B2 and my wife and I ended up getting married so we decided i'd stay and start the process?

3. It asks me if I was inspected by an immigration officer when I came in through my last POE, is that just any customs officer that speaks to you when you're in the car lane?

4. Can I put N/A where it asks me for my non-immigrant visa number since I was never issued one?

5. The status in which I last entered I should put down Visitor right?

6. Should I be putting "N/A" under each question I can't answer or should I leave them blank?

I'm really sorry if these questions are stupid, I just don't want to make any stupid mistakes. Thank you!

[HeatDeath 430]

There's nothing wrong with posting more questions in this thread, but you are going to get significantly fewer views this way.

Now, this isn't my direct area of experience, so confirm these before you set them in stone, but here's my take on some of these:

1) for current status, I suspect the correct answer is "out of status". I wouldn't put that tho, I would put "see attachment", and attach a written explanation of your whole situation.

2) I would check "Other" and then put another "see attachment", possibly referring to the same document.

It occurs to me as I write this that an immigration lawyer might be a great help in drafting this attachment document.

3) If you talked to a customs officer, you were inspected. That much, at least, is relatively straight forward.

4) That makes sense and seems straight forward, particularly if you have previously referred to a detailed attached explanation.

5) Sounds right.

6) They seem to prefer None or N/A to leaving stuff blank. Follow the way the example forms are done up (with obvious exceptions related to your specific case) and you won't go too far wrong.