I-94 No AOS COS EOS

[immaculate719 0]

My wife got NO AOS EOS COS stamped on her passport while on her way to the US for a visit. At the time she had no intention of staying but after a week of being back together we thought about applying for AOS but it was stamped NO AOS on her passport, our lawyer says its fine and we can go through with the I-485. I was wondering if anyone else has had this problem and what they would recommend we do. she only has until the 10th of nov on her I-94 (she was only given from Oct 28th to Nov 10th) would it even be worth trying or should she just go back to canada?

[kzielu 1,149]

If she told them she is not coming with immigration intent and that's why she got the stamp, then AOS attempt may be treated as material misrepresentation and end with lifetime ban...

[Inky 1,111]

Canadians dont use tourist visas.

But regardless, if its stamped on the passport I wouldn't risk it. Go back and file the proper papers.

If you file and get to the interview and they see that in her passport you may waste a lot of money and time and end up denied.

[VanessaTony 3,567]

My wife got NO AOS EOS COS stamped on her passport while on her way to the US for a visit. At the time she had no intention of staying but after a week of being back together we thought about applying for AOS but it was stamped NO AOS on her passport, our lawyer says its fine and we can go through with the I-485. I was wondering if anyone else has had this problem and what they would recommend we do. she only has until the 10th of nov on her I-94 (she was only given from Oct 28th to Nov 10th) would it even be worth trying or should she just go back to canada?

I would not risk it. Sounds like they thought she had immigrant intent. It's been done before, USCIS trying to "trap" people. Honestly I know you said you had no intent but they give you 2 weeks and after just a week suddenly the ties to her to her home country have evaporated? I wouldn't risk it. So not worth it. She's still able to visit while going through the process.