visa waiver program - no I-94 issued, what do I write on forms?

[acec 0]

I am Canadin and I married an american citizen. I am filing for a K-3 from within the USA. Because Canada and the USA are part of the visa waiver program I did not get a I-94 when I entered the USA. On a few of the forms it asks for an I-94 number, what do I write? N/A, none, or not issued? Is this going to be an issue?

[DavidC 1]

I am Canadin and I married an american citizen. I am filing for a K-3 from within the USA. Because Canada and the USA are part of the visa waiver program I did not get a I-94 when I entered the USA. On a few of the forms it asks for an I-94 number, what do I write? N/A, none, or not issued? Is this going to be an issue?

Looks like we're in the same boat. http://www.visajourney.com/forums/index.php?showtopic=236936

[acec 0]

Looks like we're in the same boat. http://www.visajourney.com/forums/index.php?showtopic=236936

this is not fun, lol.

I do not undertand. We don't ask for an i-94 at the border, it is up to the CBP's discretion at the time of crossing if they want to give you one. They are not common for Canadian citizens to get. It is an arrival departure record, it does not represent the ability for a person to file immigration paperwork while they are in the country. So wouldn't that mean even if you did get an i-94 that could still be material misrepresentation? I am sooo confused

[acec 0]

this is not fun, lol.

I do not undertand. We don't ask for an i-94 at the border, it is up to the CBP's discretion at the time of crossing if they want to give you one. They are not common for Canadian citizens to get. It is an arrival departure record, it does not represent the ability for a person to file immigration paperwork while they are in the country. So wouldn't that mean even if you did get an i-94 that could still be material misrepresentation? I am sooo confused

When I entered the USA as a visitor I was going to be returing to Canada. Once here we got the info that once your paperwork has been submitted I am not able to cross the border, so I should file the paperwork from where ever I want to remain during the processing. They said if I file in the usa i can be with my husband during this period.

Edited January 15, 2010 by acec

[canadian_wife 1,822]

Canada is not part of the Visa Waiver Program. We have a special agreement with the US and special terms for our admittance as tourists.

Since getting an I-94 is not common for Canadians, put N/A where it asks for it.

Also, where did you hear you cannot visit once the petition is filed? Many MANY Canadians have visited their spouse during their processes.

You can be with your husband as long as you were allowed based on the terms at your admittance (perhaps 6 months?!?!?) You must return to Canada however. You may be able to enter again but that is up to the CBP at the time of entrance

Good luck.

[acec 0]

Canada is not part of the Visa Waiver Program. We have a special agreement with the US and special terms for our admittance as tourists.

Since getting an I-94 is not common for Canadians, put N/A where it asks for it.

Also, where did you hear you cannot visit once the petition is filed? Many MANY Canadians have visited their spouse during their processes.

You can be with your husband as long as you were allowed based on the terms at your admittance (perhaps 6 months?!?!?) You must return to Canada however. You may be able to enter again but that is up to the CBP at the time of entrance

Good luck.

Thanks!!! Is this what you did? Did you enter the usa through this agreement?

[canadian_wife 1,822]

All Canadians enter through this agreement. That is why we are not typically issed an I-94.

I did not enter the US during this process (for other reasons) but many have. You will be fine returning to Canada and entering again, providing you have ties to Canada if asked.

Enter N/A in the I-94 question, you'll be fine

Good luck.

[Carlawarla 1]

I am Canadin and I married an american citizen. I am filing for a K-3 from within the USA. Because Canada and the USA are part of the visa waiver program I did not get a I-94 when I entered the USA. On a few of the forms it asks for an I-94 number, what do I write? N/A, none, or not issued? Is this going to be an issue?

When did you enter the U.S.? If you entered as a visitor, and then without prior immigration intent decided to marry, and you're here now, you can file for an adjustment of status and stay here. You can't leave mind you without permission, but again, depending on when you got here and your circumstances, you may be able to file while here, and not file for a K-3.

Get back to us so we can advise accordingly.

[acec 0]

When did you enter the U.S.? If you entered as a visitor, and then without prior immigration intent decided to marry, and you're here now, you can file for an adjustment of status and stay here. You can't leave mind you without permission, but again, depending on when you got here and your circumstances, you may be able to file while here, and not file for a K-3.

Get back to us so we can advise accordingly.

We married in July 09. I told them I was coming here to marry. They asked if I would be staying I said no because my husband was being deployed in sept for a year and a half and we were going to file our papaerwork while he was in iraq. But we were so forturnate and his orders were canceled ( we have copies if this). So I extended my visit and then went back to Canada for december. I came back here at the end of december for another visit. Once I got here we decided we should start getting some immigration info. Thats when we found out that we should file from the USA if I am here, so now thats what we are doing.

[Anh map 2,098]

If your intention is to stay in the US and not return to Canada (for work, etc.) in the near term then you wouldn't be applying for a K3. You would be adjusting status.

Follow the VJ guide >>> http://www.visajourney.com/forums/index.ph...page=i130guide2

[acec 0]

If your intention is to stay in the US and not return to Canada (for work, etc.) in the near term then you wouldn't be applying for a K3. You would be adjusting status.

Follow the VJ guide >>> http://www.visajourney.com/forums/index.ph...page=i130guide2

Did you file from within the US?

[Carlawarla 1]

We married in July 09. I told them I was coming here to marry. They asked if I would be staying I said no because my husband was being deployed in sept for a year and a half and we were going to file our papaerwork while he was in iraq. But we were so forturnate and his orders were canceled ( we have copies if this). So I extended my visit and then went back to Canada for december. I came back here at the end of december for another visit. Once I got here we decided we should start getting some immigration info. Thats when we found out that we should file from the USA if I am here, so now thats what we are doing.

Okay, I better understand now. Thanks for the additional information! So, you'll be wanting to file for a CR-1 visa, or a K-3. Look up to the Guides, and see which one would best suit you. Basically they're both spousal visa's, but depending on how soon you want to work after arrival once you've been given a visa, and what part of Canada you're from will depend on which one you'll want to apply for. While you're visiting you can file either petition. Get it in the works anyway. You can visit while each is being processed as long as you have sufficient ties to Canada.

You can't be filing now for an adjustment of status, because if so, you've come with the intent to immigrate here when you crossed the border this time to visit. So, you'll have to apply for a spousal visa and then go back to Canada after this visit, and just continue to visit while you await your interview in Canada.

[acec 0]

Okay, I better understand now. Thanks for the additional information! So, you'll be wanting to file for a CR-1 visa, or a K-3. Look up to the Guides, and see which one would best suit you. Basically they're both spousal visa's, but depending on how soon you want to work after arrival once you've been given a visa, and what part of Canada you're from will depend on which one you'll want to apply for. While you're visiting you can file either petition. Get it in the works anyway. You can visit while each is being processed as long as you have sufficient ties to Canada.

You can't be filing now for an adjustment of status, because if so, you've come with the intent to immigrate here when you crossed the border this time to visit. So, you'll have to apply for a spousal visa and then go back to Canada after this visit, and just continue to visit while you await your interview in Canada.

but I didn't have intent to immigrate when I crossed the border. After we got info we then decided to file

[trailmix 77]

but I didn't have intent to immigrate when I crossed the border. After we got info we then decided to file

So, in theory, if you had no intent to immigrate on this trip, you should be ok. This is just my opinion of course, for what it's worth!

[acec 0]

So, in theory, if you had no intent to immigrate on this trip, you should be ok. This is just my opinion of course, for what it's worth!

And i appreciate everyones responses!! Thank you. I am just very stressed about this and am trying to get as much info as I can for some comfort. lol