Canadian AOS, confused about visas

[MollyMargaret 0]

Hi, my fiance and I are getting married this week and getting started on paperwork for our AOS as we've decided to do it without the help of a lawyer. I entered in early September, and my passport was stamped "B2 Class Until Feb,28,2022". This might be a dumb question, but am I here under B2 status? The only reason I'm asking is because someone on a reddit immigration forum asked why would come to the USA on a B2 as a Canadian. When it asks which visa I'm adjusting from, do I put down B2? Also, what do I do for the I-94, is there a copy of one I have to request? Or as a Canadian is there not one? Any info helps! Thanks!

[MollyMargaret 0]

6 minutes ago, MollyMargaret said:

Hi, my fiance and I are getting married this week and getting started on paperwork for our AOS as we've decided to do it without the help of a lawyer. I entered in early September, and my passport was stamped "B2 Class Until Feb,28,2022". This might be a dumb question, but am I here under B2 status? The only reason I'm asking is because someone on a reddit immigration forum asked why would come to the USA on a B2 as a Canadian. When it asks which visa I'm adjusting from, do I put down B2? Also, what do I do for the I-94, is there a copy of one I have to request? Or as a Canadian is there not one? Any info helps! Thanks!

To add to this, I checked for my most recent i94 online, and my most recent entry is not there. My previous entry from July is recorded as my most recent. Not September. Is this normal?

[chancecody 125]

18 hours ago, MollyMargaret said:

To add to this, I checked for my most recent i94 online, and my most recent entry is not there. My previous entry from July is recorded as my most recent. Not September. Is this normal?

Hi there.

 

In most circumstances, Canadian citizens do not require visitor, business, transit or other visas to enter the United States, either from Canada or from other countries. There are exceptions (see link below).

 

I entered on B2 as well as a Canadian citizen and made sure that B2 is on my I-94 as the most recent entry before adjusting status. You need to confirm with a lawyer (or someone knowledgeable here) to confirm if you will have a problem adjusting status if your September entry does not record a non-immigrant visa as the application asks for the most recent entry. Did you say you entered in September and what does it say in your I-94?

 

https://ca.usembassy.gov/visas/do-i-need-a-visa/

[MollyMargaret 0]

1 hour ago, chancecody said:

Hi there.

 

In most circumstances, Canadian citizens do not require visitor, business, transit or other visas to enter the United States, either from Canada or from other countries. There are exceptions (see link below).

 

I entered on B2 as well as a Canadian citizen and made sure that B2 is on my I-94 as the most recent entry before adjusting status. You need to confirm with a lawyer (or someone knowledgeable here) to confirm if you will have a problem adjusting status if your September entry does not record a non-immigrant visa as the application asks for the most recent entry. Did you say you entered in September and what does it say in your I-94?

 

https://ca.usembassy.gov/visas/do-i-need-a-visa/

My I 94 is not on the DHS website. I guess it hasn’t been updated? I emailed them about it, awaiting a response. On my last visit, they again (like this visit) stamped my passport saying “b2 status until *date*”. I found my previous i94 from my last visit as well and it says B2. I’m certain I’m in B2 status. Just waiting on DHS to update my i94. 

[chancecody 125]

2 hours ago, MollyMargaret said:

My I 94 is not on the DHS website. I guess it hasn’t been updated? I emailed them about it, awaiting a response. On my last visit, they again (like this visit) stamped my passport saying “b2 status until *date*”. I found my previous i94 from my last visit as well and it says B2. I’m certain I’m in B2 status. Just waiting on DHS to update my i94. 

Hi there- a copy of the entry stamp in your passport issued by the CPB can be used as evidence of admission.

 

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-4

Evidence of Admission or Parole

In most cases, an adjustment applicant is required to provide evidence of inspection and admission or parole. ^[4] Typical documents that prove inspection and admission or parole include: 

• Copy of the entry or parole stamps in the applicant’s passport issued by U.S. Customs and Border Protection (CBP);

• Arrival/Departure Record (Form I-94); 

• Form I-94 issued by USCIS at the bottom of a Notice of Action (Form I-797); or

• Authorization for Parole of an Alien into the United States (Form I-512 or I-512L).

[INF 96]

You might be okay. It really depends on the officer and if they will accept it without “proof” that you entered legally. This might have to go through a lawyer. I have seen threads here where people wrote a letter and signed it and that was accepted instead of an I94 travel record. Us Canadians just squeak through the borders sometimes and it gets inconvenient when you’re trying to adjust status!