Have Visa, in US, but still questions...

[preker 0]

My wife was a member here and cannot remember her id and password, so I have joined to ask some questions, if you don't mind.

After a long and grueling process, I received my immigrant Visa on December 23rd, 2009. Due to family illness and death, we were unable to leave Canada for the US until February 3rd, 2010.

My Visa was an IR1, we've been married for almost 8 years.

When we came through immigration at the port of entry, everything went well. The immigration officer stamped an oval Dept. of Homeland Security stamp onto my Visa with the date of entry on it.

The Visa also says "upon endorsement serves as temporary I-551 evidencing permanent residency for 1 year". (Do I 'endorse' it???)

We were also told by the immigration officer that this entitled me to immediately seek work - I already have my social security card.

Earlier this week, I went to the local field office to get my driver's license, after being referred there by the local driver's license bureau. We presented the Visa, along with my valid Canadian driver's license, and US social security number. We were told that we should have been issued a "I 94" at the port of entry - described as a card with my personal information on it. They would not issue the driver's license for the state that we live in, and told me we would have to obtain the I 94 card first.

I called USCIS this morning, and was advised to call the CBP office. When I called CBP, they gave me the number for the local (4 hours away) Deferred Inspection Site.

I called them, and they said we could not receive an I 94, that we had to file AOS to get my permanent residence (green) card first. (We were told when coming through immigration that the green card would arrive in 4-5 months, and we need do nothing.)

THEN...

We went to the unemployment office to try to register and apply for jobs which can only be applied for via the unemployment office. We presented the Visa (with the green card "upon endorsement serves as temporary I-551 evidencing permanent residency for 1 year" stamped inside it) and they told us that I would not be employable here without my actual green card.

So here are the questions...

Do I really have to have the I 94?

How can I get it if the person they referred me to see in order to obtain it refuses to make an appointment?

Does the proof stamped in the Visa of 1 year permanent residency entitle me to work?

Does the confusion ever end???

Thank you in advance for your help.

If I have posted this in the wrong folder, please move it.

[preker 0]

Sorry, I forgot another question...

We were told we did not have to do an adjustment of status because we have been married for 8 years, and because of the permanent residency card being issued, so we were a bit confused today when we were told to file AOS by the officer we were trying to get an appointment with to get the I 94.

Under what circumstances do you have to file AOS?

[Darnell 8,478]

whoa ...

CR-1/IR-1 never receive I-94. Is not a bad thing, you just never receive one.

If you had showed up at the drivers license office with a green card, you would not be hassled.

The green card is a I-551 document.

There is a STAMP in your visa, that you got at POE, that is also an I-551 STAMP, acts as a temp green card, for one year.

Smells like the clerk across the window was clueless, and then sent you off on a wild-goose-chase (with no possible trending for resolution).

Sorry - welcome to USA and ill-trained staff.

re: AOS - you don't need it. When the GC shows up - it'll be a 10 year card.

Hopefully, someone else here can chime in, about 'how to show a DMV clerk the regs about immigration visas'. Usually, an I-94 is issued for a non-immigration or business visa - and you don't have one of those. It's great you don't, so don't panic. The clerk, imo, didn't know what she/he was looking at. When you go back again, get a supervisor, explain is an IR-1 Visa, and not try to 'peg' your application as a K-1 visa.

re: unemployment office. Again, another instance of 'ill-trained' employee. Go back, get a supervisor - explain to them that you have a temp green card in the passport - the STAMP is the endorsement for the VISA, and that VISA acts as a temp green card, or I-551 document . Your A# is printed on the VISA, that is all they need, really, to process you.

---

"upon endorsement serves as temporary I-551 evidencing permanent residency for 1 year". (Do I 'endorse' it???)

NO - the stamp at the POE was the 'endorsement'.

Edited February 18, 2010 by Darnell

[Brother Hesekiel 2,236]

Visitors get an I-94, residents and US citizens do not. As an IR-1 visa holder, you've basically entered as a lawful permanent resident. The I-551 stamp serves as your green card until you get the actual one. It's so simple yhat a caveman would understand it.

However, the USA is a country with a large amount of drones: people who are dumb as wood and don't give a sh*t about anything. The majority of those work for the DMV offices and many work for USCIS.

You should try to speak with the supervisors of the drones. Many of them have a notch more education and common sense.

Hang in there, and welcome to America.

Edited February 19, 2010 by Just Bob

[Darnell 8,478]

OK - another twisted thought.

Get an I-9 form.

FILL IT OUT.

Then show any 'clerk' that you qualify for everything, based on the I-9 form .

You have the PROPER 'stuff' to qualify , for the I-9 form.

The confusion, IMO, comes from the I-551 'stamp' not being recognized by other humans.

The I-9 should 'clarify' this, to these 'other humans'.

[christeen 966]

My husband had trouble with a stupid clerk and the "stamp" go back and speak with a supervisor... The stamp and your SSN IS proof and an actual physical "card" is not required... Speak with a supervisor...

[Darnell 8,478]

Hey- you ready for 'Monday Morning Jaunt' ?

Good Luck !

[preker 0]

Hey- you ready for 'Monday Morning Jaunt' ?

Good Luck !

I just want to Thank you and everybody else for your help. Everything is and has been resolved. I now have a job. And Friday I am going to the written drivers exam for my license.

Once agin Thank-yoiu