Don't have an i-94 file, no digital proof either, and no stamp in passport

[pudgypandas 0]

We were looking up what files we needed for applying for AOS, and it said we needed an I-94 file. Well, my fiancee never got the paper copy when he drove through the Canadian border going into the US, nor did he get his passport stamped. He did enter the country legally, and was even stuck at border patrol for 2 hours, but I guess they never bothered filling anything out? When we went onto the Homeland Security website to see if there was proof of it digitally, the last thing that was marked was when he left the states back in May. There is no record showing that he came in in August. What do we do if we have no digital proof of him being in the states and no stamp in his passport? Is this going to really screw us over when we file for AOS after we get married?

I'm super worried

[Russ&Caro 1,549]

Yes, you need to be worried. Call the CBP deferred inspection office, closest to you. Ask to speak to a supervisor to explain your problem, i.e. no record of your fiancee's entrance. You might have to set up an appointment to get the I-94 information straightened out. Good luck.

http://www.cbp.gov/contact/deferred-inspection/overview-deferred-inspection

[pudgypandas 0]

I should specify that he's Canadian and came by ground, not air. My fiancee just read somewhere that Canadians don't need an I-94?

[newacct 688]

Canadian visitors entering by ground often do not get I-94s. In this case, he would just write something like "none - Canadian visitor" where it asks for I-94 number. People have had this before without problems, and, I mean, there's not much point for a Canadian citizen to enter the US illegally, as they can enter legally so easily.

[TBoneTX 45,304]

*** Thread moved from US Citizenship main forum to the AOS/Family-Based main forum -- query is about the AOS phase. ***

[POM 21]

Send in a copy of the passport page with the entry stamp as a alternative.

[Canrebat 5]

ooof. The exact same thing happened to me except I flew and they didn't stamp my passport for some reason, only time that has happened to me. It did come up in the interview and it almost got me denied reason being I couldn't prove I came into the country legally. Fortunately she looked over my airline tickets and the previous passport stamps and I was approved.

I'm not sure how this would work if he drove :/ Honestly I think it would be worth it to pay a lawyer for a consult, that's a tricky one.

[Ms Hogan 295]

What do they need this for? I'm curious about it since driving across the border wouldn't warrant a stamp for a Canadian. Are they supposed to handle your passport differently than normal because there was K1 in it? I'm just curious. Is he Canadian traveling by car with a Canadian passport?

[KayDeeCee 4,893]

If they entered with a K-1, didn't they take the time to take the sealed envelope? They should have stamped the passport at least. You should contact your nearest deferred inspection site to see if you can get some kind of proof of legal entry to the US via the K-1.

If you did not have visa when entering and are adjusting status from that of a visitor, then you can simply put that you have no I-94 as a Canadian visitor that entered through a border crossing.

[blest.but.strest 50]

We were looking up what files we needed for applying for AOS, and it said we needed an I-94 file. Well, my fiancee never got the paper copy when he drove through the Canadian border going into the US, nor did he get his passport stamped. He did enter the country legally, and was even stuck at border patrol for 2 hours, but I guess they never bothered filling anything out?

I'm super worried

He's Canadian and I suppose he entered as a visitor, Canadians don't get I-94's and very few get stamps in their passport when entering the US. Nothing to be worried about, you won't need it. USCIS knows that and at the interview they might ask you to confirm that but that's pretty much it.

[Canerican 242]

OP, please keep in mind for next time to be specific as to whether or not your fiancee entered on a K-1 or entered without a visa. As was mentioned above if he entered with a visa (K-1) the border patrol should have done an electronic I-94. If this is the case go to your closest deferred inspection site to get this fixed. I am a Canadian and entered on a K-1 and had record of an I-94 and a stamp by my visa. If he did not come with a visa just put as was mentioned "none-Canadian Visitor"

[IcezMan_IcezLady 582]

Canadian visitors entering by ground often do not get I-94s. In this case, he would just write something like "none - Canadian visitor" where it asks for I-94 number. People have had this before without problems, and, I mean, there's not much point for a Canadian citizen to enter the US illegally, as they can enter legally so easily.

By that logic, we wouldn't have Canadians stucked in K-1 or CR-1 visa process.

[lala64 93]

We were looking up what files we needed for applying for AOS, and it said we needed an I-94 file. Well, my fiancee never got the paper copy when he drove through the Canadian border going into the US, nor did he get his passport stamped. He did enter the country legally, and was even stuck at border patrol for 2 hours, but I guess they never bothered filling anything out? When we went onto the Homeland Security website to see if there was proof of it digitally, the last thing that was marked was when he left the states back in May. There is no record showing that he came in in August. What do we do if we have no digital proof of him being in the states and no stamp in his passport? Is this going to really screw us over when we file for AOS after we get married?

I'm super worried

I just went through this a few days ago. Its as simple as locating the nearest Custom and Border Protection location and speaking with the Duty Officer there. I took their passports and my marriage certificate. She had to put something in the system as they had his first and middle name as one name. she fixed it and yesterday I was able to locate and download the I94. make sure you located the nearest office and hours because most Duty Officers have a short window for administrative issues. Everyone I that went the day I did was there to get their I94 straightened out. Goes to show something is terribly wrong with their system. Good luck. Don't worry just ACT.As long as you have your K1 visa in the passport you should be OK

[newacct 688]

By that logic, we wouldn't have Canadians stucked in K-1 or CR-1 visa process.

No, because Canadians are not supposed to enter as a visitor with preconceived intent to immigrate during that trip. They can be denied entry if it is suspected that they are immigrating during that trip.

[Canrebat 5]

He's Canadian and I suppose he entered as a visitor, Canadians don't get I-94's and very few get stamps in their passport when entering the US. Nothing to be worried about, you won't need it. USCIS knows that and at the interview they might ask you to confirm that but that's pretty much it.

Did you not read my post or do you think I'm lying? They absolutely do care and it almost got my application denied. I don't know where you are getting "very few get stamps" from either, I've only ever not got stamped once.