Applying for family based AOS as Canadian - No I-94

[jdh 103]

Somebody had moved this to the tourist Visa section, thinking that is what I am applying for an AOS from, but that is inaccurate - please do not move it from the "AOS(Green Card)from Family Based Visa" section as that is precisely the process I am in. I am applying for a Green Card through a family based Visa - I am doing this via an I-130 application concurrently filed with I-485 from within the US. This is posted in the correct location according to the forum. My process has nothing to do with applying for AOS from a work/student/tourist visa. I am applying for a green card through a family based visa application.

If you are under the impression that every Canadian that comes across the border receives an I-94, you are greatly mistaken and that is the point of this post.

-----------------------------------

Hey guys,

My wife and I entered the US in June of 2011 with her as a US citizen and myself as a Canadian.

We had been tossing around what to do with our lives so we took some time and visited my family in Canada and then crossed the border to visit her family in the States. At the border they brought me in and asked me a few questions and approved me for entry but did not stamp my passport or issue an I-94, as I understand is common with Canadian visitors. I had crossed hundreds of times before when I lived on a border town and never was stamped.

From visiting her family we went over to the west where we had visited before and loved it...got an apartment, my wife got a job and we settled in to see if we could make a life here.

Now filling out paperwork I have searched around and found that commonly in the I-94 spaces people have put something to the effect of "None - Canadian Visitor" or "N/A - Canadian Visitor" and some have found it helped to avoid an RFE by attaching an explanation to their packet. This is what I have decided I should do as well - we want to have this go as smoothly as is possible.

So I attached a document to both the I-485 and the I-130 which are being filed concurrently.

I kept it simple and it reads like this:

-------------------------

I-130 Attachment

In reference to Part B: Question 14

I, NAME, swear that on the date of DATE,2011 I legally entered the United States through the Niagara Falls, New York border inspection point after being inspected and approved for entry by a border patrol official. On approval for entry I was not given an I-94, nor was my passport stamped or was it suggested or advised that I would require one.

Attached is a copy of my receipt issued by Continental Airlines in Buffalo, New York the morning of DATE.

Signed,

NAME

DATE

-------------------

So I thought I would share this for the benefit of others because I had a hard time finding info about this and also to seek the opinions of folks who are experienced in a similar situation.

Thanks!

[Harpa Timsah 13,258]

The move was correct. You currently have a tourist visa and are doing AOS. This "family-based" forum is for people with "family based" visas, namely the K-1. Note the "from" in the forum titles. Your case has everything to so with an AOS from a tourist visa.

Your letter looks fine. Good luck.

Edited February 22, 2012 by Harpa Timsah

[Inky 1,111]

Moved to correct AOS from tourist forum section as OP is adjusting status from tourist status not family visa status.

[jdh 103]

I am sorry that you folks are viewing it wrong. I am not applying from a tourist Visa - I dont have a visa. I am applying concurrently I-130 and I-485 - FAMILY based as per USCIS. But thanks for your input.

[jaycali 415]

I am sorry that you folks are viewing it wrong. I am not applying from a tourist Visa - I dont have a visa. I am applying concurrently I-130 and I-485 - FAMILY based as per USCIS. But thanks for your input.

Tourist visa, visa waiver or Canadian visa-less tourist = tourist to the USCIS.

Somebody had moved this to the tourist Visa section, thinking that is what I am applying for an AOS from, but that is inaccurate - please do not move it from the "AOS(Green Card)from Family Based Visa" section as that is precisely the process I am in. I am applying for a Green Card through a family based Visa - I am doing this via an I-130 application concurrently filed with I-485 from within the US. This is posted in the correct location according to the forum. My process has nothing to do with applying for AOS from a work/student/tourist visa. I am applying for a green card through a family based visa application.If you are under the impression that every Canadian that comes across the border receives an I-94, you are greatly mistaken and that is the point of this post. -----------------------------------Hey guys,My wife and I entered the US in June of 2011 with her as a US citizen and myself as a Canadian.We had been tossing around what to do with our lives so we took some time and visited my family in Canada and then crossed the border to visit her family in the States. At the border they brought me in and asked me a few questions and approved me for entry but did not stamp my passport or issue an I-94, as I understand is common with Canadian visitors. I had crossed hundreds of times before when I lived on a border town and never was stamped.From visiting her family we went over to the west where we had visited before and loved it...got an apartment, my wife got a job and we settled in to see if we could make a life here.Now filling out paperwork I have searched around and found that commonly in the I-94 spaces people have put something to the effect of "None - Canadian Visitor" or "N/A - Canadian Visitor" and some have found it helped to avoid an RFE by attaching an explanation to their packet. This is what I have decided I should do as well - we want to have this go as smoothly as is possible.So I attached a document to both the I-485 and the I-130 which are being filed concurrently. I kept it simple and it reads like this:-------------------------I-130 AttachmentIn reference to Part B: Question 14 I, NAME, swear that on the date of DATE,2011 I legally entered the United States through the Niagara Falls, New York border inspection point after being inspected and approved for entry by a border patrol official. On approval for entry I was not given an I-94, nor was my passport stamped or was it suggested or advised that I would require one.Attached is a copy of my receipt issued by Continental Airlines in Buffalo, New York the morning of DATE. Signed,NAMEDATE-------------------So I thought I would share this for the benefit of others because I had a hard time finding info about this and also to seek the opinions of folks who are experienced in a similar situation.Thanks!

I've heard Canadians rarely ever get I-94s nowadays. That's also true for most visitors under the Visa Waiver Program. The letter looks fine. In the I-130, I'd put "None - Canadian visitor."

However, there are some things to consider when attempting to adjust status from tourist to LPR.

When you entered as a tourist, you stated to the CBP officer that you intended to visit for tourist or business reasons only. By entering visa-free as a tourist, you agree that you will leave the US within 90 days (sometimes 180 days). You are not allowed entry as a tourist with the intention of attempting to adjust status.

You'll have to prove to the USCIS, sufficiently, that you decided to adjust status after you entered the US. Otherwise you could encounter charges related to immigration fraud. This can raise an issue because the USCIS may find it hard to believe that you decided to adjust status "on a whim" within 90 - 180 days. If you have 180 days, it's easier to believe than 90 days.

In essence, it is ok to enter the US on Monday, and decide Tuesday that you want to adjust status. It is not ok to decide you want to adjust status on Sunday, then enter the US on Monday in order to do so.

I understand that you guys decided to do this after entry, just be aware of the possible questions it might raise.

Edited February 22, 2012 by jhsm85

[Harpa Timsah 13,258]

You entered as a Canadian VISITOR. The organizers do this every day. They know what to look for. The people in the other forum have K-1 visas. You don't. The people in the other forum don't file concurrent I-130/I-485. You do.

Edited February 22, 2012 by Harpa Timsah

[jdh 103]

Thanks for the reply.

We are aware there may be question as to our intent but hope that they will clear it without too much hassle.

We knew we were going to be doing something - some kind of move but we were not intent upon moving to the states because we didn't know if it would be possible. We visited her family then flew over here and took a shot at it to see if she could get stable work. She did and things have worked out so we are now filing papers.

Intent is a hard thing to prove, on either side really, so we are hoping they will take our word on it. We have been married five years and there is no other reason for denial - and from what I read that in most cases is enough to get past the small stuff.

[IPv6Freely 64]

I made the same mistake, posting in family-based visa because I was filing my AOS based on family.. but I'm currently on a TN which is a WORK visa, so that's where my posts were moved to.

In your case, your status is CURRENTLY "tourist", so thats where the post belongs. What status you're moving TO is irrelevant.

Just wanted to clear that up.