Fiance didnt get an I-94 upon arrival, what do I do?!

[tellemfred 0]

Hello all. I have been posting about this in the Green Card AOS forum but am hoping to talk to some Canadians as well to try and get some input.

My girlfriend came to visit me in April. She ended up staying longer than she thought, and eventually we got engaged. This was not the plan when she first came, but you know how these things work - when it feels right, it feels right.

I am now in the process of getting all of her AOS paperwork filled out so we can make the July 30 deadline. On both the I-130 and the I-485 it asks questions about her I-94 information. Because she was a Canadian citizen visiting for the sake of visiting, she did not recieve an I-94 or a stamp on her passport at the border. However, she entered LEGALLY and has NOT overstayed her 6 months.

I have spoken to a few people in person at the NYC USCIS office very briefly and all 3 have told me that her passport and birth certificate will be enough.

However, I just got off the phone with someone on the USCIS helpline and she informed me that the petition will get denied because she cannot prove she entered the US legally. When they scan your passport at the border, it is just to make sure the passport is valid. She said we can try to file the I-130 and hope for the best because she married a USC, but the 485 will get denied because of lack of proof.

She also said that she would be able to go back to Canada and reenter the USA with a Visitor Visa, which would then give her an I-94 number. She has been here for 3 months, and before that had only stayed here with me for a few days here and there and for a week in June 2006. However, I dont know how long it takes to get a Visitor Visa from the Montreal Consulate, and I dont even know if they will approve it for her since now she would be entering the country being married to a USC.

MY QUESTION TO YOU IS - Has anyone here been in this position? What have you done?

[Lance27 19]

I dont know why they would suggest a Visitors visa. There is almost no chance they would issue her one since she now has immigrant intent. The Visa to apply for is the K3 visa or the IR1/CR1 visa if she is going back to Canada.

Goodluck.

Hello all. I have been posting about this in the Green Card AOS forum but am hoping to talk to some Canadians as well to try and get some input.

My girlfriend came to visit me in April. She ended up staying longer than she thought, and eventually we got engaged. This was not the plan when she first came, but you know how these things work - when it feels right, it feels right.

I am now in the process of getting all of her AOS paperwork filled out so we can make the July 30 deadline. On both the I-130 and the I-485 it asks questions about her I-94 information. Because she was a Canadian citizen visiting for the sake of visiting, she did not recieve an I-94 or a stamp on her passport at the border. However, she entered LEGALLY and has NOT overstayed her 6 months.

I have spoken to a few people in person at the NYC USCIS office very briefly and all 3 have told me that her passport and birth certificate will be enough.

However, I just got off the phone with someone on the USCIS helpline and she informed me that the petition will get denied because she cannot prove she entered the US legally. When they scan your passport at the border, it is just to make sure the passport is valid. She said we can try to file the I-130 and hope for the best because she married a USC, but the 485 will get denied because of lack of proof.

She also said that she would be able to go back to Canada and reenter the USA with a Visitor Visa, which would then give her an I-94 number. She has been here for 3 months, and before that had only stayed here with me for a few days here and there and for a week in June 2006. However, I dont know how long it takes to get a Visitor Visa from the Montreal Consulate, and I dont even know if they will approve it for her since now she would be entering the country being married to a USC.

MY QUESTION TO YOU IS - Has anyone here been in this position? What have you done?

[tellemfred 0]

We are looking for a way to keep her here in the US while applying. Going back to Canada is the very last possibility for her for personal reasons, not just because we want to be together (it would be much harder for her to live there than here)

[Keisha 0]

How would she ever enter illegally if she is a Canadian citizen? Does she have any stamps in her passport showing the date of entry?

I would ask somebody else from the same help line - to get a second and third opinion, they can be opposite... I always get a second or third if I don't like the first one.

If she leaves the US now, she probably won't be able to get a tourist visa.

You might apply for K3/CR and she might still visit you without a tourist visa, but there is a risk that she will be rejected entry at the POE and then you have to wait for months before she can come back.

You might want to apply for the K3/CR1, while she is staying with youin the US, and wait for her interview, and then she would return to Canada just for her medical and the interview, get the visa and come back to the US. The only drawback I see is that she won't be able to work while you guys are waiting.

Another option is to ask as many people here on the forum , or ask a lawyer.

Just my opinion...hope you will get much more responses from people who's been there...Good luck!

[tellemfred 0]

How would she ever enter illegally if she is a Canadian citizen? Does she have any stamps in her passport showing the date of entry?

I would ask somebody else from the same help line - to get a second and third opinion, they can be opposite... I always get a second or third if I don't like the first one.

If she leaves the US now, she probably won't be able to get a tourist visa.

You might apply for K3/CR and she might still visit you without a tourist visa, but there is a risk that she will be rejected entry at the POE and then you have to wait for months before she can come back.

You might want to apply for the K3/CR1, while she is staying with youin the US, and wait for her interview, and then she would return to Canada just for her medical and the interview, get the visa and come back to the US. The only drawback I see is that she won't be able to work while you guys are waiting.

Another option is to ask as many people here on the forum , or ask a lawyer.

Just my opinion...hope you will get much more responses from people who's been there...Good luck!

No, there are no stamps on her passport (land borders rarely do that anymore, especially when traveling by bus and processing 50 people)

The last stamp on her passport is from a visit she had on 10/31/06 and I am worried that they will think that was her last visit and think she has overstayed.

If we apply for a K3/CR1 while she is here (which is what I want to do), will she have trouble if she overstays while the K3 application is processing? From what I read, it will not all set in 3 months when her 6 months are up.

Thank you all for your responses so far, keep em coming!

PS - I have called USCIS 3 times, gotten 3 different answers. I plan to keep calling.

[YuAndDan 153]

This subject just came up earlier and was covered very thoroughly.

SEE: http://www.visajourney.com/forums/index.ph...c=78404&hl=

[~Nini~ 2]

I haven't been in this position, but it sounds like you and your fiancee are fine to get married and file for AOS. Based on the fact that she hasn't overstayed her visa and has legally entered the country through the Visa Waiver program, you're good to go.

I wouldn't suggest that your fiancee go back to Canada, simply because when she re-enters based on a visitor's visa, she'll then have intent to marry and stay in the States. That would be considered visa fraud and it will cause a lot of trouble down the road. On top of that, if she leaves and goes back to Canada, you'll be forced to file for a K1 petition, which will take a bit of time to approve.

If you've already spoken to a few officials at the NYC USCIS office and they say that her passport and birth certificate is fine, then I'd take them at their word. It would be wise to consult a lawyer or call USCIS for a fifth opinion, but right now I think your fiancee is fine to stay in the country.

edit: I just read the other thread and saw the other comments, ignore me.

Edited July 16, 2007 by Nini & Bee

[tellemfred 0]

This subject just came up earlier and was covered very thoroughly.

SEE: http://www.visajourney.com/forums/index.ph...c=78404&hl=

i understand...that was my thread too. I just wanted to post in the Canada section to see if there were any people who had been through this before that might not check over on the thread. Sorry

[misa 2]

How would she ever enter illegally if she is a Canadian citizen?

Actually there are lots of spots along the border that are "unprotected".

[Reba 2]

Have you actually got married yet? Your post says you got engaged, not married.

If you're not yet married, she has no basis for AOS and the issue of no I-94 is moot.

However, if you have already married, there should be no problem without the I-94 as one is not required for Canadians entering the US unless they have a visa of some sort. I'm sure several dozens of Canadians adjust status every year without an I-94. Just be sure to include a cover letter that explains the reason for lack of it, just as a reminder to the dolt who opens the mail.

How did she enter the US? Did she drive, take the bus, walk, fly??? If they scanned her passport there will be record of her entry that USCIS can check. If she was waived through at a border crossing, well its really her word against the government, and won't likely come up until the interview anyhow.

If she leaves and goes back to Canada, the likelihood that she'll be allowed entry back to the US is slim. She's already been here 3 months right? She's got a total of 6 to be here legally, and if/when you file the AOS paperwork, that extends her legal stay until the interview. It is not recommened even after the AOS is filed for her to leave the country, they will consider that she's abandoned her application and not let her back in. Even if she gets AP, they can still deny her entry.

[tellemfred 0]

Have you actually got married yet? Your post says you got engaged, not married.

If you're not yet married, she has no basis for AOS and the issue of no I-94 is moot.

However, if you have already married, there should be no problem without the I-94 as one is not required for Canadians entering the US unless they have a visa of some sort. I'm sure several dozens of Canadians adjust status every year without an I-94. Just be sure to include a cover letter that explains the reason for lack of it, just as a reminder to the dolt who opens the mail.

How did she enter the US? Did she drive, take the bus, walk, fly??? If they scanned her passport there will be record of her entry that USCIS can check. If she was waived through at a border crossing, well its really her word against the government, and won't likely come up until the interview anyhow.

If she leaves and goes back to Canada, the likelihood that she'll be allowed entry back to the US is slim. She's already been here 3 months right? She's got a total of 6 to be here legally, and if/when you file the AOS paperwork, that extends her legal stay until the interview. It is not recommened even after the AOS is filed for her to leave the country, they will consider that she's abandoned her application and not let her back in. Even if she gets AP, they can still deny her entry.

Thanks fr your reply, Reba. We will be married tomorrow, so we will be eligible for the AOS after tomorrow. I am just being proactive in asking questions while I look over the paperwork.

I agree with you that dozens of Canadians must try to adjust status without an I-94 since only those with visas get the form. She came here by bus, and they scanned her passport at the border, but I was told that scanning only is to make sure it is a valid passport, not to keep track of you coming and going. Land borders do not stamp passports anymore either, and she did not ask for one since there was no reason (we were not planning to get married, so there was no reason to ask for proof of entry).

I guess the only proof we have that she entered legally is her bus ticket receipt and her return ticket. And, of course, her passport (if they can, in fact, prove anything from that) Of course, we will both sign affidavits stating that she entered legally, etc.

When we file the AOS papers, she will not try to go back to Canada until she gets AP. I know they have the right to refuse reentry, but has that been a factor for people here? Like if she just goes to visit her family for a week (with AP), is it really a big deal? I guess maybe it just depends on the agent, and that is way too far into the future for me to worry about.

I'm more worried about getting the 130 and 485 approved without an I-94.

[warlord 73]

Once you're married you're fine. They even pardon people who get married that did come across illegally during the Green Card interview. It's part of their process. A lot of people do not have an I-94 to mark, so you don't need to worry about this.

They let many things go once you're married and forgive a number of things (one is entering illegally) in many cases. Since your only offence is her staying over her visit, they will let that go and you should be fine...

[tellemfred 0]

Right, I'm just worried about getting the forms approved to GET to the green card interview. And both the 130 and 485 have questions about her I-94.

I am just hoping to be able to prove she came here legally.

Getting to the green card interview will be heaven after this haha

[Kathryn41 3,205]

Once you are married, she should NOT return to Canada -even for a short weekend visit to her parents - until and unless she has her AP or her Green card in hand. Leaving the country without the AP is considered abandoning the AOS application and she will be turned away at the border on her return. Her information will be on file and it isn't worth the risk that they might not just wave her through. The AP should take about 3 months to arrive after you file, and if there is an emergency before it arrives, she would need to go in person to the closest immigration office and request an expedited AP. Once she has AP she shouldn't have any problems being re-admitted to the US from a visit north - or any where else either. Good luck and congratulations on your marriage.

[featherB 1]

Once you're married you're fine. They even pardon people who get married that did come across illegally during the Green Card interview. It's part of their process. A lot of people do not have an I-94 to mark, so you don't need to worry about this.

They let many things go once you're married and forgive a number of things (one is entering illegally) in many cases. Since your only offence is her staying over her visit, they will let that go and you should be fine...

That's not right, is it...? You can't adjust status if you entered the country illegally... or so I thought?!