I-485 Last Entry - Driving from Canada

[jopinoff 0]

Hi all,

I'm currently filing an I485 along with an I130 from my wife (US Citizen). I received my I94 when I entered the US on a flight in 2012, however recently I drove to Canada. It was a brief stay so no new I94 was issued and my passport wasn't stamped (by US immigration, I do have a Canadian stamp), but I was inspected by an immigration officer at the border and my passport/visa was scanned. Now I'm filling out my I-485 and curious as to what to put in Part 1 "Date of Last Arrival" and Part 3 "Place of Last Entry into the United States".

Part of me says to enter the actual answer to that question (Buffalo, New York) but part of me wants to put down what's on my I94 as that section pertains to my I94. I've written an affidavit explaining this that I will include as additional evidence, however I'm still unsure what to put on the actual form.

Anyone been in a similar situation?

[ValerieA 350]

Use the information from your most recent trip.

[jopinoff 0]

Thanks for your response, is this based on experience or speculation? I'm curious as I've seen a lot of responses to the contrary for the same question.

Regards

[ValerieA 350]

My last trip into the US was by plane, so I used Pearson airport as mine. I don't understand why you would use anything else, frankly, as if you didn't use your most recent, they could look upon that as misrepresentation and that is just not a good idea (ban). Canadians usually don't get I-94's, so it is not an issue during immigration. Also, since they scanned your passport this last time, they KNOW that you left/re-entered the country, so why confuse them?

[Kpo87 1]

Hi all,

I'm currently filing an I485 along with an I130 from my wife (US Citizen). I received my I94 when I entered the US on a flight in 2012, however recently I drove to Canada. It was a brief stay so no new I94 was issued and my passport wasn't stamped (by US immigration, I do have a Canadian stamp), but I was inspected by an immigration officer at the border and my passport/visa was scanned. Now I'm filling out my I-485 and curious as to what to put in Part 1 "Date of Last Arrival" and Part 3 "Place of Last Entry into the United States".

Part of me says to enter the actual answer to that question (Buffalo, New York) but part of me wants to put down what's on my I94 as that section pertains to my I94. I've written an affidavit explaining this that I will include as additional evidence, however I'm still unsure what to put on the actual form.

Anyone been in a similar situation?

I agree with valarieA I would put your most recent trip as your answer. Also you can add a continuation sheet to your form if you would like to further explain the situation to them. All of the forms instruction pages have a section that will explain how to do a continuation sheet. At least that way you will cover both answers, and not wonder if you should have used one answer over the other. It's stressful enough filing these forms without worrying about the minor details, sometimes giving them too much information isn't always a bad thing ;-) good luck!!!

[hmh33 117]

Answer all the questions honestly and at face value. The form asks for your date and place of last entry into the US, not the date and place of the last time you were issued an I-94.

[Morningmist 76]

They've stopped handing out physical paper I-94s recently since April this year progressively. Which doesn't mean you "don't" have an I-94 anymore. It means you need to print it out probably.

http://cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/

Go to that site, fill in your information and it will show you your I-94, if you have one. My friends mother arrived via a tourist visa and she didn't get one in NYC's JFK airport either. She's not from a VWP country. I remember I had to look really hard for a I-94 white form this March when I returned from a foreign trip. I kind of thought it was weird that they didn't hand out the form on the plane. I guess some airports and airlines started sooner than most.

Because of this reason, you definitely want to enter the most recent entry in the country.

Edited July 4, 2013 by Morningmist

[Morningmist 76]

Also when you depart the US, even for a short visit, you usually have to return the I-94. Having it on you, is usually not a good thing. It isn't the end of the world, but technically you are not suppose to have it with you.

[Morningmist 76]

I hit the report button by mistake.

[bravado 0]

Bit late to this party.

Forget everything about the I-94. Put the last place you crossed the border. If crossing by land, they will not remove the I-94.

My I-94 was stamped in Seattle in April 2012 but the last time I crossed the border was from Mexico via vehicle in April of this year. That's all they care about. If your passport was swiped, they will have the info so will know if you are lying or not.