Preparing Canadian Visitor AOS - Questions

[Familiar 7]

Hello all,

 

Official wedding date is planned for 12/11/2021 with the fiance who initially entered the US from Canada (Calgary Airport to DFW) on 7/11/2021 as a visitor to test the waters after what's been a 3 year online LDR previously. 

In the meantime we are preparing his AOS paperwork to try to submit and be filed before his visitation period allowed under his passport ends, and he becomes unlawfully present after 1/7/2022. My target mail date is 12/27/2021 in hopes of having enough strong supporting evidence of marriage (bills, bank statements, updated lease, etc) to provide up front to minimize the dreaded RFE kickbacks and delays. There are some questions I have for some parts of certain forms and how to best answer, or what can be provided alternatively, as we navigate this process. 

 

No I-94 was issued to him at time of entry or visa given as Canadian visitor. I've tried to check the website with his passport number and confirmed nothing in the system at this time. He traveled from Calgary to DFW airport and his passport was not stamped at either airport. Should we attach copies of his flight ticket stubs and receipt for the flight for proof of entry for supporting evidence with these forms? And how do we go about answering some of these parts regarding the I-94 in the forms?

 

I-485

Part 1

25.a - do we write "Canadian visitor, waived through" for arrival?

26.c. Status on Form I-94

27. Current Immigration Status

 

I-130

Part 4

46.a (Class of Admission) - It's a drop down menu to choose from, and I'm guessing the answer impacts what to put in the 485 and 765. Researching shows either B2 (temporary visitors for pleasure) or WT (visa waiver program - temp visitors for pleasure) for choices; and I'm wondering since he received no stamp or I-94 it's likely the WT?

46.d Date authorized stay expires - should this be the 01/07/2022 for the 180 days known to be allowed for his passport, D/S, or blank?

 

I-765/EAD

23. Place of Last Arrival - likely the DFW airport?

24. Immigration Status at Last Arrival - likely the same for 485 and 130?

25. Current Immigration Status or Category - same as 485?

 

Supporting Evidence/Photos

Is it better to have photos of us together in a timeline on copy paper with text descriptions underneath with dates taken, or should the photos be on individual photo paper with details written on the back?

 

Sworn Affidavits

Is there a minimum number recommended from family/friends?

I was planning to have statements from my grandmother and sister who will both be present for the ceremony next weekend.

Does anyone have examples that I can use to help draft with my family in terms of format or recommended length (1-2 pages), etc?

 

I appreciate the feedback and guidance from the community, as I just want to be secure in knowing I did this correctly to minimize the stress and worrying to enjoy next weekend. 

 

[Ontarkie 14,467]

Yes, just write Canadian visitor and where/how he entered. They  are very familiar with the fact that not all Canadians get i-94

 

I want to say I've read others put B2, Canada is not part of visa waiver so you would not use that. 

 

Sworn affidavits aren't really needed unless you think you are lacking in other things. They really don't hold much weight. 

 

[INF 96]

Fellow Canadian here that went through this process. Not having an i94 record might actually be an issue. See this thread for some good suggestions like contacting DHS. 

 

- For your I130 I would put Canadian Visitor

- I put all the photos in a word document and put information like “date/location/description” under each photo. It looked way more organized. 

- sworn affidavits are supposed to outline how the party knows you. I included 3 and I don’t think they were ever read. I never even got them notarized (you can to make it look even more legitimate).

 

at the end of the day USCIS wants financial commingling. My husband and I had joint credit cards, bank accounts, he put me on his work investment accounts as a beneficiary, joint health insurance, deed to the house together.
 

That’s the stuff they really care about!! 

Edited December 5, 2021 by INF

[Familiar 7]

Thank you both for the feedback regarding the sworn affidavits. They were being considered to be included in event I don't have the strong financial records ready for the deadline I've set.

 

I'm waiting on my apartment management to get him formally added on the lease, as proof of local residency is prohibiting us from having a joint account with my current bank for co-mingling of finances to provide with initial submission and my established credit cards require a SSN from him alternatively. I intend to update my benefits enrollment with employer the next week to get him added as my beneficiary on life insurance, 401k, and covered under my health insurance and print those changes off to include with the application. I do plan to keep having more evidence put together when the eventual interview occurs, it's just the time constraints and worry about him falling in to unlawful presence period that might hurt us long run in the process as well.

 

I will check the website again to see if they have any information with his passport ID on I-94, but will likely submit a letter with copies of his airline stubs showing proof of entry in lieu of the I-94 and hope that is sufficient for the agent.

[chancecody 125]

18 hours ago, Familiar said:

Thank you both for the feedback regarding the sworn affidavits. They were being considered to be included in event I don't have the strong financial records ready for the deadline I've set.

 

I'm waiting on my apartment management to get him formally added on the lease, as proof of local residency is prohibiting us from having a joint account with my current bank for co-mingling of finances to provide with initial submission and my established credit cards require a SSN from him alternatively. I intend to update my benefits enrollment with employer the next week to get him added as my beneficiary on life insurance, 401k, and covered under my health insurance and print those changes off to include with the application. I do plan to keep having more evidence put together when the eventual interview occurs, it's just the time constraints and worry about him falling in to unlawful presence period that might hurt us long run in the process as well.

 

I will check the website again to see if they have any information with his passport ID on I-94, but will likely submit a letter with copies of his airline stubs showing proof of entry in lieu of the I-94 and hope that is sufficient for the agent.

Hi there,

 

I just want to make sure that you will not have a problem down the line not having an I-94 or not having a stamp on your passport. I am a Canadian citizen as well that entered on B2 before my AOS. I traveled often to the US. 100% of the time I have an I-94 record on all my visits in the past when I searched online. At a minimum, your passport should have been stamped. Please study carefully below. I am just looking out for you to ensure that your AOS is successful. Best wishes to you!

 

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

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103/subpart-A/section-103.2

 

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).

If an applicant appears at an interview with none of the above evidence but claims to have been “waved in” at the port of entry (POE), the applicant may still be considered to have been inspected and admitted in some cases. ^[5] The burden of proof is on the applicant to provide sufficient evidence to establish eligibility. ^[6] 

 

Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.