Simple questions about I-485 (for a Canadian)

[tellemfred 0]

Hi all,

Just a few simple questions about some stuff from the I-485. Any help would be appreciated. Thanks!

First off, we cannot seem to find any evidence of her legal status here. She crossed the border LEGALLY on a bus in April. Problem is that her passport was not stamped and all she has is her return ticket (obviously they take her ticket at the bus when she came here). Remember, Canadians do not get an I-94 either.

I have spoken to someone at USCIS in NYC and they told me that her passport will be proof enough, even without a stamp. They said that just by running her passport # into the system they will be able to tell (I know that they DO scan your passport at the border she crossed. Any Canadians run into this problem too? What did you put on the 485 where it asks for I-94 # and everything?

OK now for the easy stuff that I just want to doublecheck...

In Part 1, for her address, does she put her address HERE or in CANADA?

For SSN do I write "none" or "n/a"?

Her status would expire 6 months from the date she entered, right? So if she came on April 15, I would write October 15?

In Part 3, it asks for her name on her I-94. Do I write "none" or "n/a"?

Place of last entry would be the city/state of the border she crossed?

She does not have a nonimmigrant visa #, do I write "none" or "n/a"?

Same question for "Consulate visa was issued" and "Date visa was issued"

[YuAndDan 153]

File I-102 to get a replacement I-94, one is required to file for AOS.

A nonimmigrant alien who needs a replacement Form I-94 or I-95 (or in some instances was not issued such form upon admission) may do so by filing Form I-102, Applicati on for Replacement/Initial Nonimmigrant Arrival Record or Crewman’s Landing Permit.

Form I-102 is used by a nonimmigrant to apply for replacement of a lost, mutilated, or destroyed Form I-94 or Form I-95 (Arrival-Departure Record). A Form I-102 may also be filed by an nonimmigrant who was not issued a Form I-94 when he/she entered as a nonimmigrant (for example, a Canadian citizen who was admitted as a visitor without being issued an I-94), and is filing the Form I-102 with an application for extension of stay or change of status.

http://www.uscis.gov/propub/ProPubVAP.jsp?...861806287fdce0a

I-102 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[susan+mike 0]

Hi all,

Just a few simple questions about some stuff from the I-485. Any help would be appreciated. Thanks!

First off, we cannot seem to find any evidence of her legal status here. She crossed the border LEGALLY on a bus in April. Problem is that her passport was not stamped and all she has is her return ticket (obviously they take her ticket at the bus when she came here). Remember, Canadians do not get an I-94 either.

I have spoken to someone at USCIS in NYC and they told me that her passport will be proof enough, even without a stamp. They said that just by running her passport # into the system they will be able to tell (I know that they DO scan your passport at the border she crossed. Any Canadians run into this problem too? What did you put on the 485 where it asks for I-94 # and everything?

OK now for the easy stuff that I just want to doublecheck...

In Part 1, for her address, does she put her address HERE or in CANADA?

For SSN do I write "none" or "n/a"?

Her status would expire 6 months from the date she entered, right? So if she came on April 15, I would write October 15?

In Part 3, it asks for her name on her I-94. Do I write "none" or "n/a"?

Place of last entry would be the city/state of the border she crossed?

She does not have a nonimmigrant visa #, do I write "none" or "n/a"?

Same question for "Consulate visa was issued" and "Date visa was issued"

All Canadians as far as I know get an I-94 upon coming to the US when they move...... I came on a K-1 and I got one.

Your post has be a little confused........why would she have a return bus ticket if she was coming here to get married?

The K-1 visa itself is good for six months from the date it was issued in Canada....... which means she has six months to leave Canada. Once you surrender your visa and cross the border......well I can only speak for a K-1, you have 90 days to get married..then your K-1 status expires.

You would put your US address on your paperwork and for SSN, (I didn't have one either) I just put none. Non Immigrant # would be her A#.

Consulate Visa issued would be either Vancouver or Montreal......where did she get it from and there and what date was it issued?

[Jeremy + Kristy 0]

I believe the OP meant that his wife came on a bus without the intention of marrying, and now they are trying to Adjust Status.

[YuAndDan 153]

All Canadians as far as I know get an I-94 upon coming to the US when they move...... I came on a K-1 and I got one.

Your post has be a little confused........why would she have a return bus ticket if she was coming here to get married?

The K-1 visa itself is good for six months from the date it was issued in Canada....... which means she has six months to leave Canada. Once you surrender your visa and cross the border......well I can only speak for a K-1, you have 90 days to get married..then your K-1 status expires.

You would put your US address on your paperwork and for SSN, (I didn't have one either) I just put none. Non Immigrant # would be her A#.

Consulate Visa issued would be either Vancouver or Montreal......where did she get it from and there and what date was it issued?

The OP may not have used a K-Visa to enter the country and are filing I-130 and I-485 to adjust status. Canadians can enter the USA with out visa, and are not usually issued an I-94 in this case.

Edited July 16, 2007 by YuAndDan

[misa 2]

Hang on a second... did she enter as a visitor or on a K1. I went back and read your other posts and you were going to file K1 in October 2006.

[tellemfred 0]

Hang on a second... did she enter as a visitor or on a K1. I went back and read your other posts and you were going to file K1 in October 2006.

Yes, awhile ago we were going to do that but nothing ever materialized. She came to visit a few months ago (without the intention of marrying) and now we are trying to adjust her status.

She came here as a visitor, not on any Visa.

So should I fill out this I-102? This is the first I am hearing of it.

[YuAndDan 153]

Hang on a second... did she enter as a visitor or on a K1. I went back and read your other posts and you were going to file K1 in October 2006.

Yes, awhile ago we were going to do that but nothing ever materialized. She came to visit a few months ago (without the intention of marrying) and now we are trying to adjust her status.

She came here as a visitor, not on any Visa.

So should I fill out this I-102? This is the first I am hearing of it.

I think I said that.

A Form I-102 may also be filed by an nonimmigrant who was not issued a Form I-94 when he/she entered as a nonimmigrant (for example, a Canadian citizen who was admitted as a visitor without being issued an I-94), and is filing the Form I-102 with an application for extension of stay or change of status.

http://www.uscis.gov/propub/ProPubVAP.jsp?...861806287fdce0a

I-102 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[tellemfred 0]

OK so then I can file the 102 along with all the other forms I am sending to Chicago (485, 130, 131, etc)

So what do I put on the 485 where it asks for I-94 info? Just "none" or "n/a"?

[YuAndDan 153]

OK so then I can file the 102 along with all the other forms I am sending to Chicago (485, 130, 131, etc)

So what do I put on the 485 where it asks for I-94 info? Just "none" or "n/a"?

I beleive you file I-102 with the others:

If you were not issued a Form I-94 at admission to the U.S., or are filing this application with an application for extension of stay or change of status, file this application where you are filing the accompanying extension of stay or change of status application.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

N/A means not applicable, which is not true, "None" is a better answer.

Also did you say you were doing a K-1, did you actualy send in an I-129F? Or had not got that far?

If you did file an I-129F, and decided to abandon it, you may have some explaining to do at the AOS interview, you may have a very hard sell convincing the IO that there was no intent when entering the country as a visitor and marrying after an I-129F was filed.

[tellemfred 0]

OK so then I can file the 102 along with all the other forms I am sending to Chicago (485, 130, 131, etc)

So what do I put on the 485 where it asks for I-94 info? Just "none" or "n/a"?

I beleive you file I-102 with the others:

If you were not issued a Form I-94 at admission to the U.S., or are filing this application with an application for extension of stay or change of status, file this application where you are filing the accompanying extension of stay or change of status application.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

N/A means not applicable, which is not true, "None" is a better answer.

Also did you say you were doing a K-1, did you actualy send in an I-129F? Or had not got that far?

If you did file an I-129F, and decided to abandon it, you may have some explaining to do at the AOS interview, you may have a very hard sell convincing the IO that there was no intent when entering the country as a visitor and marrying after an I-129F was filed.

No, we never filed any paperwork before. I was mainly being proactive when I wrote those posts.

I went to USCIS today in NYC based on your posts and asked if I needed an I-102. The lady I spoke to seemed sure that I did NOT need one since Canadians do not usually get I-94's. She assured me that her passport and birth certificate will be proof enough that she entered legally since they can track these things in computers now. She said to write "Canadian citizen" on the I-94 questions (first time I had heard that one)

I understand that what she told me is completely the opposite of the sites you have showed me, and I do not doubt that you are in some way correct. I would love to find someone on here who had the same situation since most Canadian visitors would probably be in the same position. Help!

[YuAndDan 153]

No, we never filed any paperwork before. I was mainly being proactive when I wrote those posts.

I went to USCIS today in NYC based on your posts and asked if I needed an I-102. The lady I spoke to seemed sure that I did NOT need one since Canadians do not usually get I-94's. She assured me that her passport and birth certificate will be proof enough that she entered legally since they can track these things in computers now. She said to write "Canadian citizen" on the I-94 questions (first time I had heard that one)

I understand that what she told me is completely the opposite of the sites you have showed me, and I do not doubt that you are in some way correct. I would love to find someone on here who had the same situation since most Canadian visitors would probably be in the same position. Help!

You may want to read this nightmare post revolving around a similar situation as yours.

They WILL want evidence that you legally entered the USA to file for AOS.

Boy, I wish I had found this a lot sooner. Anyway, I'll try and arrange a timeline here to maybe help out anybody who can maybe help me out (it would be greatly appreciated).

Background info: my wife (US citizen) and I (Canadian citizen) met in 2004 and decided to get married at the end of 2005. Neither of us has a criminal background of any kind. We both live in the UP of MI. If any other information is needed, please don't hesitate to ask.

May 25, 2006

-Admission to the US as a visitor (my wife and I didn't get the fiance stuff completed in time to go that route) through Portal, ND.

June 10, 2006

-My wife and I are married in the US.

November 7, 2006 (I know, we're HORRIBLE procrastinators, which is probably working against us and always will)

-I-130 Petition, G-325A forms and I-102 form (since I wasn't issued an I-94) are mailed off.

January 8, 2007

-Request for evidence for I-102 form. They're asking for proof that I legally entered the country. I passed through a border checkpoint so I figured that this should be on their computer records somewhere. The 3 options for this request are: 1) Submit all evidence requested. 2) Submit some or none of the evidence. 3) Withdraw petition. Since I don't have any evidence, we submit without any evidence.

June 21, 2007

-Denied I-94 (I-102 form). They won't approve of it because there's no evidence of my legal entry into the country. This is required for the I-130 to be approved.

My wife and I have no idea what do now. We're both living off of her income and barely scraping by. We've thought about getting a lawyer to help out with things but that's really not in the budget. I figured I would try posting here to see if anything can be done ourselves. Maybe we've gone about this all wrong from the start but we've read through a lot of different stuff on the USCIS website and this seemed to be the way to go for us. please, anybody!

http://www.visajourney.com/forums/index.ph...amp;qpid=999489

[tellemfred 0]

Trust me, everything you say makes sense. It comes down to whether or not I take your word (and links) or if I take what 3 different people at USCIS have told me.

Honestly, I would lean toward just filing the I-102 with the rest of my papers. Is there any penalty or problem woth doing that just to be on the safe side? Lets just say for arguements sake that you are wrong, and a Canadian did not need to fill out the I-102. Would our petition get denied because we filed a form that was unnecessary?

And as far as material proof of crossing the border legally for the I-102, what can I give? She has her passport, which has the bar code that they scanned when she came over. She has her return bus ticket to Canada and the itenerary ticket (showing it was round trip). But to me, that doesnt necessarily show proof. It just shows she has a return ticket and the ticket to the US is gone (Honestly, not having the ticket doesnt necessarily mean you went on the trip, even though she did)

So aside from her passport and tickets, what other proof can I give?

[YuAndDan 153]

Trust me, everything you say makes sense. It comes down to whether or not I take your word (and links) or if I take what 3 different people at USCIS have told me.

Honestly, I would lean toward just filing the I-102 with the rest of my papers. Is there any penalty or problem woth doing that just to be on the safe side? Lets just say for arguements sake that you are wrong, and a Canadian did not need to fill out the I-102. Would our petition get denied because we filed a form that was unnecessary?

And as far as material proof of crossing the border legally for the I-102, what can I give? She has her passport, which has the bar code that they scanned when she came over. She has her return bus ticket to Canada and the itenerary ticket (showing it was round trip). But to me, that doesnt necessarily show proof. It just shows she has a return ticket and the ticket to the US is gone (Honestly, not having the ticket doesnt necessarily mean you went on the trip, even though she did)

So aside from her passport and tickets, what other proof can I give?

The bus ticket and itinerary is proof of when she crossed, I would hold on to that in case they deny or RFE for the I-94 and proof that your wife entered the country legally.

[tellemfred 0]

Just spoke to someone from USCIS over the phone (first time calling, I know from reading on here that they are not always right. She sounded smart though)

She told me that filing an I-102 will ge rejected because she does not have proof that she entered the country legally. Apparently when they scan your passport, they are only doing that to make sure it is a valid passport. Since she did not enter on a visa, she was not eligible for an I-94, she just came as a visitor from Canada, and its very easy to just come to visit.

She said that I can file the I-130 alone and see if it gets accepted. She said I have a good chance of that happening since I am a USC. After that I dont know, because I got disconnected (am trying back in a few minutes). She said to just write "N/A" for the I-94 questions.

She said if I try to file the 485 it will get denied because she cannot prove she entered the country legally.

She said to either file the I-130 alone or that she should return to Canada and come back on a visa that will give her a stamp on her passport and a I-94.