Proof of eligibility for lawful permanent residency HELP!

[xjennyinstereox 0]

Ok so I've been reading posts about interview preparation and I have not received an interview date yet but I'm beginning to worry about what I will be able to show for eligibility for lawful permanent residency. I didn't come in on any K visa and as I'm a Canadian citizen, I did not receive an I-94 when I crossed the border. I was inspected, but we tend not to get any stamps or anything in our passports when inspected. We get asked a few basic questions and get sent on our way into the US.

So now I'm wondering what I can do.. since I don't have any of that... should I file the form I-102 and get a new/replacement I-94 so I can have one for my interview? Any ideas/suggestions would be greatly appreciated.

[Reba 2]

so you just came to the US as a visitor, got married and decided to stay?

Your "eligibility" is your marriage certificate. What you may have difficulty with is proving that you did not enter the country with intent to stay illegally. Because without a fiancee visa, to come to the US and get married and stay is not what they want to see. Yes, its done every day, but they would prefer you have the K1 visa to do it.

There are a few around here who've got married as visitor's and stayed, poke around the profiles and timelines, you'll find them and can search for their posts about their experiences.

[Keigwyn 1]

Looking at your signature, you already have had at least one RFE. I would have expected these to have requested any documents they deemed to be vital but missing. I have not had an interview (transfer to CSC) but I believe the appointment letter will also tell you what to bring

[xjennyinstereox 0]

Looking at your signature, you already have had at least one RFE. I would have expected these to have requested any documents they deemed to be vital but missing. I have not had an interview (transfer to CSC) but I believe the appointment letter will also tell you what to bring

My RFE was for an I-94... which is my problem, I don't have one. However, I went to an infopass interview before filing for AOS and the immigration officer said she saw cases like mine all the time and that I was just to write "No I-94/Canadian Citizen" in the I-485 and anywhere else that asked for the I-94 number. As a response to the RFE, I explained that as a Canadian Citizen, I don't require an I-94 and that I was advised by an immigration officer at the Baltimore office to write "No I-94/Canadian Citizen". So I sent that off as my response, and they received it and I got an email saying this:

On October 16, 2006, we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

I assume that this means my response was ok? I'm starting to worry now.. they haven't touched my I-130 since they first received it.. I got an NOA for it, and that was it... got an RFE for the EAD and the I-485.. and now I've heard nothing... if my response was not satisfactory, would they have told me? I was looking over the I-102 form and looks like I can't even file for that since I don't even know how I'd be able to prove when I crossed the border.

The only way I know of that I can prove that I never had intent to stay here is by showing a return bus ticket I still have, which I was supposed to use to go back to Canada after my visit. But who knows if that's enough proof

[Yodrak 7]

xjennyinstereox,

No, it does not mean that your response is OK. It means exactly what it says - they have received your response.

Yodrak

..... I sent that off as my response, and they received it and I got an email saying this:

On October 16, 2006, we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

I assume that this means my response was ok?

[xjennyinstereox 0]

Yodrak,

I was hoping you'd reply as you're very insightful and helpful. Though, I'm even more worried now! I guess I'll just have to hope for the best. Thank you for your reply. I just hope that they will see that I am being truthful. Surely if I had any intentions of getting married when coming into the US, knowing what is required for AOS, I'd have asked for an I-94 at the border.. but I didn't. I had just graduated from University, and my now husband was like "hey, why don't you spend the summer here?" so I did. I just crossed like I always have. Oh well. I know in my heart that I haven't done anything wrong, let's hope they see it too.

xjennyinstereox,

No, it does not mean that your response is OK. It means exactly what it says - they have received your response.

Yodrak

Edited November 3, 2006 by xjennyinstereox

[Yodrak 7]

Jenny,

To where did the RFE direct you to send the I-94?

Yodrak

xjennyinstereox,

No, it does not mean that your response is OK. It means exactly what it says - they have received your response.

Yodrak

..... I sent that off as my response, and they received it and I got an email saying this:

On October 16, 2006, we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

I assume that this means my response was ok?

[xjennyinstereox 0]

Yodrak, in the RFE letter, it said:

Submit the following:

1. Evidence of your current nonimmigrant status or the nonimmigrant status under which you last entered the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showung admission to the United States.

So I was advised to write them a letter explaining that when I cross the border, there is an inspection, but no I-94 card is given and no stamp is put into my passport. I sent the RFE response back to Lee's Summit, MO

Jenny,

To where did the RFE direct you to send the I-94?

Yodrak

Edited November 3, 2006 by xjennyinstereox

[Yodrak 7]

Jenny,

I was hoping it would be Chicago. No encouraging ideas since it was Lees Summit. But I hope they will find your response to be acceptable and get on with the processing.

Yodrak

..... I sent the RFE response back to Lee's Summit, MO

Jenny,

To where did the RFE direct you to send the I-94?

Yodrak

[xjennyinstereox 0]

I hope so too. Do you know if we will still get an interview? I just don't know what could happen form here on out. At least if we have an interview, we can plead our case there.

Also, I was just looking at an older post of mine and when you read my letter of explanation in my response to the RFE, you responded:

xjennyinstereox,

If the notice came from Missouri then I would expect that the RFE was issued by a case officer, who should know better, not by a file clerk. My understanding is that the clerks who check the contents of the submissions and create the files are located at the lockbox facility in Chicago.

In any event, your letter of explanation is well written and will hopefully resolve the issue.

Yodrak

So I hope you're right! I hope my letter was good enough.

Edited November 3, 2006 by xjennyinstereox

[Yodrak 7]

jennyinstereo,

I wondered why I was having this feeling of deja vu all over again. (appologies to Yogi Berra)

Yodrak

..... I was just looking at an older post of mine and when you read my letter of explanation in my response to the RFE, you responded:

......

[Donia 0]

My RFE was for an I-94... which is my problem, I don't have one. However, I went to an infopass interview before filing for AOS and the immigration officer said she saw cases like mine all the time and that I was just to write "No I-94/Canadian Citizen" in the I-485 and anywhere else that asked for the I-94 number. As a response to the RFE, I explained that as a Canadian Citizen, I don't require an I-94 and that I was advised by an immigration officer at the Baltimore office to write "No I-94/Canadian Citizen". So I sent that off as my response, and they received it and I got an email saying this:

On October 16, 2006, we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

I assume that this means my response was ok? I'm starting to worry now.. they haven't touched my I-130 since they first received it.. I got an NOA for it, and that was it... got an RFE for the EAD and the I-485.. and now I've heard nothing... if my response was not satisfactory, would they have told me? I was looking over the I-102 form and looks like I can't even file for that since I don't even know how I'd be able to prove when I crossed the border.

The only way I know of that I can prove that I never had intent to stay here is by showing a return bus ticket I still have, which I was supposed to use to go back to Canada after my visit. But who knows if that's enough proof

Our situation was very similar and we did exactly what you were advised. We had no problem whatsoever during the process. Of course, we did have to prove that Rick came here with no intention of getting married and staying in the US, but even that wasn't as difficult as we thought it might be. He's now a PR and we'll be filing to lift conditions in about a month.