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Filed: AOS (pnd) Country: Canada
Timeline
Posted

I recently married an American (I am Canadian) who I have known for 21 years  and been in a relationship (on and off) when I had a green card which I surrendered in 2009. He and I got back together in May 2015 and have been going back and forth to visit each other during these past three years.  Last winter I spent most of it with him (I am retired, he is not) here in the U.S. returning to Canada frequently usually every 3 to 4 weeks for a few days and then  stayed in Canada from early June to end of October when he came to visit me there.  I returned on Oct. 29th, 2017 to stay with him (again for the winter) but did return to Ontario 3 times between Oct. 29th and Dec. 21, 2017.  I have a Nexus card and when I got it one of the questions I was asked was why did I want it.  I told the U.S. border person to visit my sister, and my boyfriend who lived in the U.S.  Though we did talk about marriage on and off in the Fall it was not until December 2017 that we were pretty sure we would marry.    

In reading some of the issues here I am wondering if we should wait to apply for A/S Question until early March because we married quickly if the December date is the date of entry: On form 130 my spouse (the petitioner) is asked what category  did I enter the U.S. (WT- visitor for pleasure) and on what date? (October 29th, 2017 or Dec. 21, 2017).  Should I give them a copy of the Nexus card or number as well or assume they look into that and will know when I have gone back and forth?

Filed: Citizen (apr) Country: Australia
Timeline
Posted
5 minutes ago, Gaellestorm said:

Should I give them a copy of the Nexus card or number as well or assume they look into that and will know when I have gone back and forth?

If you are adjusting status because you are presently in the US, put your last date of entry to the US. It should match your I-94 from this Customs and Border Protection website.

 

https://i94.cbp.dhs.gov/

Filed: Citizen (apr) Country: Australia
Timeline
Posted
1 hour ago, Gaellestorm said:

Note as a Canadian coming over by land with a Nexus card I do not have (and I checked the website you mentioned I -94? There is no history there on me. ?????

I think you need someone with Canadian experience to help you with this.

  • 1 month later...
Posted

I hope this isn't too late to be helpful.

 

In my case, the latest I-94 was issued the last time I entered the US by air. Since that entry, I had crossed back and forth into Canada by road using Nexus. Understandably, these did not result in new I-94s. However, since I had an I-94 on record, I was able to open up the travel history page that showed my latest US entry.

 

USCIS is aware that Canadians crossing the land border may not be issued an I-94. Regardless, you should provide the actual last date you entered the country (which seems to be December). I provided my a copy of my NEXUS card as well as a written explanation of my land travel to explain the inconsistency in the I-94. Any documents you can show to prove the date of your last entry (receipts on either side of the border, perhaps) would help.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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