No I-94

[canadiangirl1 0]

I entered the US in May 2013. Because I lived on a boarder city, I never received an I-94 when I crossed. I now want to file my AOS papers and they call for an I-94. I went online to try to retrieve it said there was no record.

Do I have to go to the Boarder Partrol to obtain my I-94? Or can I file my papers without one?

Please let me know what experience you've had with this issue, since it seems to be a problem for a lot of Canadians.

[The Mean Lady 604]

Was this your intention when crossing?

[kmdr 0]

You can retrieve your I-94 online here: https://i94.cbp.dhs.gov/I94/request.html;jsessionid=xJFCTjkHxyMJTtWpczcLfTc528t18S8XNDWSjyyC3Tr7kZTVLX8d!1105580603

good luck:)

[Rob & Monika 87]

What visa did you cross on? Your other post seems to indicate you have not had a medical done yet, which would have been required for a K-1 and other visas. If you crossed as a visitor then got married, then I believe you need to file for the CR-1 and AOS at the same time, or go back to Canada and file for just the CR-1. You don't get an I-94 when you cross from Canada as a visitor. Please give us clear information on why you are here, how you got here, what paperwork you have already done, etc.

Edited May 2, 2014 by Rob & Monika

[Rob & Monika 87]

I entered the US in May 2013. Because I lived on a boarder city, I never received an I-94 when I crossed. I now want to file my AOS papers and they call for an I-94. I went online to try to retrieve it said there was no record.

Do I have to go to the Boarder Partrol to obtain my I-94? Or can I file my papers without one?

Please let me know what experience you've had with this issue, since it seems to be a problem for a lot of Canadians.

Reading over this again...in May 2013 they were issuing paper I-94s at the border and it should be stapled in your passport next to your visa (if you have one). If you entered as a visitor and have not returned to Canada, you are currently acruing "unlawful presense" which could subject you to a 3 year ban if you leave the country now.

[canadiangirl1 0]

I was married when I came across. I came as a visitor to spend the summer with my husband. When the summer was done, I did not want to leave. We spoke with the UCIS who told us I could stay, and that we would just need to do an adjustment of status. The town that I am originally from never issues 1-94s because people come back and forth all the time. That is the reason I did not get an i-94. It was not my intention to stay in the US. I only came here with clothes in my suitcase. Now that I've overstayed, I need to file for an AOS before I leave the US or risk a ban.

My question is, is there anyone who filed their AOS papers without an i-94?

[Krikit 1,165]

Very very rarely do I-94's get issued to Canadians; usually only if the officer wants to ensure they return by a certain date. USCIS knows that Canadians do not receive them so just say Canadian - N/A or "see note" and attach it. <-- not sure whether they're on paper or electronic format these days.... it's been a while for me. Sorry.

[Rob & Monika 87]

I was married when I came across. I came as a visitor to spend the summer with my husband. When the summer was done, I did not want to leave. We spoke with the UCIS who told us I could stay, and that we would just need to do an adjustment of status. The town that I am originally from never issues 1-94s because people come back and forth all the time. That is the reason I did not get an i-94. It was not my intention to stay in the US. I only came here with clothes in my suitcase. Now that I've overstayed, I need to file for an AOS before I leave the US or risk a ban.

My question is, is there anyone who filed their AOS papers without an i-94?

You will have to file both the I-130 (Immediate Relative) and the I-485 (AOS) together. You can't adjust status from a B-1 or B-2 visa (what a visiting Canadian is considered). Your husband has to petition for you to be here lawfully, which is what the I-130 is for. Fortunately they allow you to file both together if your intent was not to immigrate when you entered.

If you had your passport stamped at entry, that is sufficient for proof of legal entry for you to use. Reading through the forums, you should be OK even if you don't have the I-94 or a stamp. I do see several people getting a RFE but they get around it with a letter explaining they are Canadian, how they entered, and did not have proof. I see another post where someone put the letter in with their initial petition and had no problems, and others that had no issues whatsoever. The people receiving your paperwork are going down a checklist to make sure you supply everything, and they may not think, or may not know, that Canadians don't get I-94s when visiting and need to be reminded or informed.