Anyone file for AOS without an I-94 and make it?

[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 I did not receive an I-94 when I crossed the border.

So now I'm wondering what I can do.. I already got an RFE about not having an I-94... they wanted me to submit it... 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 wrote a letter explaining that as Canadian Citizens, we 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".

I'm starting to worry now.. 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. Any ideas/suggestions would be greatly appreciated. Has anyone else gone through this?

[xjennyinstereox 0]

Anyone? Anyone at all?

[Kez/JWolf 6]

You are eligible for AOS based on the fact you are married to a USC so take your marriage certificate with you...

an I-94 is not proof of you being eligible to do AOS... it is a recored of your arrival and departure from the USA..

There are many Canadians who dont have I-94...

[Kathryn41 3,205]

Don't worry - Canadians don't receive I-94s when they cross as visitors. IF the question comes up in the interview - and there is no guarantee that it will - having a return bus ticket to show you intended to return to Canada when you entered the US should be fine. Did you have a job or an apartment or any other ties left behind in Canada that you had to cancel or make arrangements for when you knew you were staying in the US? Copies of such letters may also be of help if you have them. Think about how you notified those left in Canada that you were staying, and if any of those are physical (ie. letters, emails, etc.) bring copies of those as well. I suspect, however, that you may not even have to address that issue. Good luck.

[warlord 73]

Wow just saw a Canadian forum on here. Yes I was on a TN (I-94) here for 6 years before I actually met my wife. We dated and I just applied for a new one each year. We ended up getting married with about 4 months left on my initial TN, did the AOS, got the EAD, got the travel docs, then got my temp Green Card about 6 or 7 months after I applied for AOS.

Now today actually I'm getting my finger prints done for my naturalization N-400 which I have submitted last month.

So yes it's very possible to do. The only thing is timing so your I-94 doesn't expire before you get your EAD etc. otherwise you could be out of work for a short time (though EAD's don't take long at all after filing).

For the forms etc, we did hire a immigration lawyer (about $3000), but it was worth it as I was unsure as well about doing all this on a I-94 compared to having a K-1 or whatever.

Anyways not sure about your exact situation, but yes doing this is very possible. I'm finally in the final phase right now (US Citizenship), so there is light...

[xjennyinstereox 0]

We dated and I just applied for a new one each year. So yes it's very possible to do. The only thing is timing so your I-94 doesn't expire before you get your EAD etc.

For the forms etc, we did hire a immigration lawyer (about $3000), but it was worth it as I was unsure as well about doing all this on a I-94 compared to having a K-1 or whatever.

Well my problem is I've never ever had an I-94 in my life... ever. I have always crossed the border extremely easily and without receiving any stamps, I-94, etc. I used to only show my Quebec medicare card and social insurance card.. then they required passports so I showed that, and never got anything stamped into it or received an I-94.

So I have nothing to renew, and nothing that expires. So basically, I don't know how to prove when I actually did cross the border. I only have my return bus ticket showing I was definitely planning on going back to Canada.

[Waiting in Vancouver 6]

We dated and I just applied for a new one each year. So yes it's very possible to do. The only thing is timing so your I-94 doesn't expire before you get your EAD etc.

For the forms etc, we did hire a immigration lawyer (about $3000), but it was worth it as I was unsure as well about doing all this on a I-94 compared to having a K-1 or whatever.

Well my problem is I've never ever had an I-94 in my life... ever. I have always crossed the border extremely easily and without receiving any stamps, I-94, etc. I used to only show my Quebec medicare card and social insurance card.. then they required passports so I showed that, and never got anything stamped into it or received an I-94.

So I have nothing to renew, and nothing that expires. So basically, I don't know how to prove when I actually did cross the border. I only have my return bus ticket showing I was definitely planning on going back to Canada.

I agree with you in regards to I-94 ... I have been travelling to and from the US since I was about 8 years old (I am now 36 years old) and I had never filled out an I-94 until I was coming to the US on my K-1 Visa ... I even had to ask for the form at the airport or they wouldn't have given me one ...

Make note of the day you entered the US (if you have anything to support that such as plane ticket, receipt for something you bought ect would probably be helpful) ... As others have said if you have any correspondance with companies or family back home in regards to dealing with things that you needed shutoff or accounts closed, supply that as well ...

I am sure you have nothing to worry about but that probably doesn't change the fact that you will be stressed ... I always get stressed about things (my wife says I have OCD ROFL) and people telling me to relax doesn't really make it go away ... keep yourself busy and hopefully you can rest your mind at times ...

Good luck and let us know how things go ...

[warlord 73]

I do remember having that issue though, maybe I didn't have an I-94, it definatly wasn't ever from crossing, it was from a TN. I do recall putting down on the AOS application that I didn't have a number for something (maybe it was the I-94) and just put down TN holder instead. So either way, it was never an issue.

I guess I'm unclear as to how you got married. If you were already living here, what was your status? Visa holder etc? If you weren't living here, when you came over how long where you comming over for? And how did you suddenly get married? Etc. These things would then be brought up when trying to assess how you got here to be married in the first place.

Looking at your situation, that you came as just a visitor, you didn't obtain any tourist visa at all. So these things will probably be looked at as to the validity of your marriage. Some people have had to actually go back to their country (in this case Canada) and the USC will have to file the petition forms to bring spouse of a differnt nation over. Not sure what it's called at the moment. This seems to be quite common from what I've been reading in the past in similar situations (usually Mexican illegals marrying). Then again the AOS and being married also can 'forgive' some issues as entering the US without intent to become permenent but marrying a USC. So it'll all just depend on who views your forms and how they will want to treat it. So just be prepared for either situations a) having to go back to Canada and get your USC spouse to file for the spousal petition or B) having it ignored by immigration and nothing happens.

I originally thought you had been here on a visa of some sort and then got marriend and found out the issue on the AOS form. Guess I didn't read it too clearly.

Either way, I've heard even some illegal people here have been able to get married, file through the AOS and still make it through. So yes it is possible, will it be? That's up to whoever views your applications...

[Griffon76 0]

With regard to the issue of showing proof that the Canadian citizen (who can as a visitor) didn't intend to marry and immigrate during the visit...I posted a question elsewhere on the board 2x and didn't get a response. Maybe someone here can shed some light.

I am one of the many who will worry that the proof we show is good enough. All we will probably have is a letter from my husband's relatives saying that he was intending to come live with them in Montreal during the K1 process. His house sold too soon (in 2 days) and came to visit me before going to live with them. We decided to have him stay and we'd get married as soon as he was legally divorced. His belongings are still in Canada which we will retrieve as soon as he legally can.

Does anyone have a similar story?

[xjennyinstereox 0]

I guess I'm unclear as to how you got married.

I had just graduated university and was moving out of my apartment so I could move back in with my parents who live an hour away from Montreal. I was going to live with my parents and work with my dad to start paying back tuition money.

my husband and I have known each other for about 7 years but got really really close this past year and he said "Hey, why don't you come here for the summer, you can crash here" so I figured.. why not?? I had money saved up from my job in Montreal, and didn't have any more rent to pay since I had just moved out of my apartment in Montreal and was moving back in with my parents (all my stuff is still there at their place).. and so I went to the US in May, stayed til July, then my now husband and I and 2 other friends took a road trip and ended up going to Canada for the 4th of July and then came back to the USA (So I used the 4th of July as my last entry date into the US even though I spent the months of May and June in the US with my now husband)

So long story short, during the months of May, June, July, and August, we fell madly in love. It may only look like we fell in love during July and August since on all my forms I used July 4 as my last entry date (because that's the truth and ther was no way I was going to lie about that!) but either way, we fell madly in love and got married in August. My status was a visitor, but I had no visa or anything.

[Kathryn41 3,205]

Canadians are allowed to visit the US legally without visas and do not receive I-94s. As long as you entered the US as a bona fide visitor and did not have the intent to get married when you arrived, you can legally adjust your status as the spouse of a US citizen without leaving the US. If you entered the US as a visitor but with the intent to marry, then trying to adjust your status based on the marriage is considered fraud as you really should be going through a spousal visa process outside of the US. THe question of your intent may or may not come up in your interview. If it does, just tell them the truth. Based on the information you have provided, I suspect it will not be an issue.

Edited November 10, 2006 by Kathryn41

[Donia 0]

Our situation was very similar. My husband and I met online, but were only friends for 8 months while he was in Canada. In fact, I was dating someone else and was seperated from my first husband at the time. He came down unexpectedly...I had no idea he was even coming...to visit some other family members of his. We went to lunch and that was that! He had some friends in Canada store his belongings and tie up any loose ends and he still hasn't been back. We were married 6 months after he came and we celebrated our 2 year wedding anniversary in June. He did not have an I-94 either, of course, but we did have to prove that he did not come here with the intention of getting married and staying. I even had a letter from my ex-husband as well as my divorce papers showing that I was legally still married when he got here. It really wasn't as big a deal as I thought it was going to be once we were at the actual interview. Good luck!