POE Toronto airport but confused about what now??

[monicatony 0]

I just flew from Toronto yesterday and it was no big ordeal at the airport. I presented my sealed K3 packet that arrived from the consulate and my passport and the officer was chatty and welcoming and sent me to the secondary office. They took my package and I waited for about 1/2 hour. I was called up to have my index fingers from both hands fingerprinted and I had to sign under each fingerprint.

Then a few minutes later they called me back and handed back my passport and boarding pass and said I was free to go. I remember Misa saying something about the I94 and asked about it and they just said I didn't need that for this type of visa. hmmmmmm They really weren't giving me any information. They said something about my resident card arriving in the mail in 2 weeks and pointed at the visa in my passport and said that was my "temporary green card".?????? I am confused!! I asked about work authorization and they said that wasn't "their area... we don't deal with that here". Then they said I had to get a SSN but to wait at least 2 weeks so that the government has time to receive the paperwork they were sending in for me.

Does anyone know what exactly they are referring to when they say I am going to get something in the mail in a couple of weeks? Am I supposed to wait to receive something before I file for EAD or AOS???? I wish they explained things better. I am beginning to wonder if they realized I am on a K3 and not a CR1 or whatever visa gives me the greencard right away.

Mon

[payxibka 10,047]

I think they thought you were CR-1 and not K-3...

[YuAndDan 153]

I think they thought you were CR-1 and not K-3...

I second that.

You may want to visit a Deferred inspection site of the CBP, and explain what happened and that you need an I-94 card.

List of deferred inspection offices. http://www.cbp.gov/xp/cgov/toolbox/contact...red_inspection/

[monicatony 0]

oh bloody hell. I wonder where they sent my info?? I work at the Toronto airport for now so I'll go back in and ask the officers ( hopefully different ones!) about what happened and if they can give me the I94 after-the-fact. Geez.

[misa 2]

Yeah, K3s don't get anything in the mail, only CR-1s and IR-1s do. You *should* have received an I-94.

What did they put down on entry stamp? Should say "K3"...

A call to the nearest CBP in the interim wouldn't hurt. Tell them the situation and that you should have received an I-94 but didn't. You may have to go to the closest POE to get a new I-94. I remember reading of someone here whose I-94 was never entered into the system and they had to do just that.

ETA: Heh, I just read your last post. Yeah, go talk to CBP because I think they are the only ones that will be able to "fix" this.

Edited October 1, 2007 by misa

[YuAndDan 153]

Yeah, K3s don't get anything in the mail, only CR-1s and IR-1s do. You *should* have received an I-94.

What did they put down on entry stamp? Should say "K3"...

A call to the nearest CBP in the interim wouldn't hurt. Tell them the situation and that you should have received an I-94 but didn't. You may have to go to the closest POE to get a new I-94. I remember reading of someone here whose I-94 was never entered into the system and they had to do just that.

ETA: Heh, I just read your last post. Yeah, go talk to CBP because I think they are the only ones that will be able to "fix" this.

I have read of situations where a person got on the plane in Canada and flew to Dallas TX, only to find out that they needed to first visit the CBP before leaving Canada, they still had the immigrations packet and did not go through customs in TX, they had to visit the CBP deferred inspections office in downtown Dallas and they took the packet and issued an I-94.

[monicatony 0]

Okay.. just got off the phone with someone on the USCIS customer service line. This girl first says she doesn't doubt the Toronto officers confused me with another type of visa applicant... sheesh...that was comforting. She also adds that despite what the officers said, a K3 doesn't have something mailed to them in a couple of weeks....especially not a resident card!! Anyway, she puts me on hold and comes back after a few minutes saying I have to proceed with the EAD and AOS forms but that I DON'T need an I94 as a K3 ..only K1's need that. hmmmmm I asked her twice because everything I've seen on here says the I94 is required. Why so many different answers.....arghhhhh!!!!!

I then asked her if they were processing a K1 or CR1 versus a K3, if the paperwork gets sent to different places but she says regardless of the visa type the paperwork they processed at the POE gets sent to the same place. So at least there is the chance that if they screwed up my processing that the paperwork will end up in the right hands down the line and someone will know what to do with it!!

I think I might just stop by the immigration office at the airport and ask them again if I need an I94...just in case.

BTW ..they did put K3 on the entrance stamp in my passport.

wish me luck!

Mon

[misa 2]

Eh, you can't trust everything that the USCIS help line says... they're often incorrect! As a K3, you should have been issued an I-94. Both K1s and K3s get one but CR-1s and IR-1s don't. Definitely talk to CBP since you work at the airport and see if they can issue you an I-94. It should be no problem for them to do so.

[YuAndDan 153]

Okay.. just got off the phone with someone on the USCIS customer service line. This girl first says she doesn't doubt the Toronto officers confused me with another type of visa applicant... sheesh...that was comforting. She also adds that despite what the officers said, a K3 doesn't have something mailed to them in a couple of weeks....especially not a resident card!! Anyway, she puts me on hold and comes back after a few minutes saying I have to proceed with the EAD and AOS forms but that I DON'T need an I94 as a K3 ..only K1's need that. hmmmmm I asked her twice because everything I've seen on here says the I94 is required. Why so many different answers.....arghhhhh!!!!!

I then asked her if they were processing a K1 or CR1 versus a K3, if the paperwork gets sent to different places but she says regardless of the visa type the paperwork they processed at the POE gets sent to the same place. So at least there is the chance that if they screwed up my processing that the paperwork will end up in the right hands down the line and someone will know what to do with it!!

I think I might just stop by the immigration office at the airport and ask them again if I need an I94...just in case.

BTW ..they did put K3 on the entrance stamp in my passport.

wish me luck!

Mon

When you go to file to adjust status you may need to include a copy of the I-94 card, as well as if you decide to file just for an EAD before adjusting status using code (a )(9 ) that type of EAD is based on the expiration of the I-94 card.

Many K-3's file first for EAD, and then just wait until just before 2nd wedding anniversary to adjust status, this eliminates having to lift conditions.

I-765 directions:

Page 4: (K-3 filing for EAD BEFORE filing I-485)

B. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File your EAD application along with evidence of your admission such as copies of your Form I-94, passport, and K visa

Page 6: With adjusting status (I-485)

2. If you are mailing your application to USCIS, you must also submit:

A. A copy of Form I-94 Departure Record (front and back), if available. If you are filing an I-765 under the (c ) (9) category, an I-94 record need not submitted. (Because you submit it with I-485)

http://www.uscis.gov/files/form/I-765instr.pdf

I-485 directions:

Page 8:

Interview.

After you file your application, you may be notified to appear at a USCIS office to answer questions about the application.You will be required to answer these questions under oath or affirmation. You must bring your Arrival-Departure Record(Form I-94) and any passport or official travel document you have to the interview.

http://www.uscis.gov/files/form/i-485instr.pdf

If the I-485 case gets sent to CSC for quick approval they may or may not send out an RFE for a copy of the I-94

Edited October 1, 2007 by YuAndDan

[Reba 2]

You will need an I-94 if you are moving stuff down to the US with a moving company and not yourself. The moving company will need a photocopy of the I94 to go with your customs documents to show that you are there legally. Otherwise your stuff will be confiscated by customs and held until your status is verified.

[monicatony 0]

Okay.. just got off the phone with someone on the USCIS customer service line. This girl first says she doesn't doubt the Toronto officers confused me with another type of visa applicant... sheesh...that was comforting. She also adds that despite what the officers said, a K3 doesn't have something mailed to them in a couple of weeks....especially not a resident card!! Anyway, she puts me on hold and comes back after a few minutes saying I have to proceed with the EAD and AOS forms but that I DON'T need an I94 as a K3 ..only K1's need that. hmmmmm I asked her twice because everything I've seen on here says the I94 is required. Why so many different answers.....arghhhhh!!!!!

I then asked her if they were processing a K1 or CR1 versus a K3, if the paperwork gets sent to different places but she says regardless of the visa type the paperwork they processed at the POE gets sent to the same place. So at least there is the chance that if they screwed up my processing that the paperwork will end up in the right hands down the line and someone will know what to do with it!!

I think I might just stop by the immigration office at the airport and ask them again if I need an I94...just in case.

BTW ..they did put K3 on the entrance stamp in my passport.

wish me luck!

Mon

When you go to file to adjust status you may need to include a copy of the I-94 card, as well as if you decide to file just for an EAD before adjusting status using code (a )(9 ) that type of EAD is based on the expiration of the I-94 card.

Many K-3's file first for EAD, and then just wait until just before 2nd wedding anniversary to adjust status, this eliminates having to lift conditions.

I-765 directions:

Page 4: (K-3 filing for EAD BEFORE filing I-485)

B. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File your EAD application along with evidence of your admission such as copies of your Form I-94, passport, and K visa

Page 6: With adjusting status (I-485)

2. If you are mailing your application to USCIS, you must also submit:

A. A copy of Form I-94 Departure Record (front and back), if available. If you are filing an I-765 under the (c ) (9) category, an I-94 record need not submitted. (Because you submit it with I-485)

http://www.uscis.gov/files/form/I-765instr.pdf

I-485 directions:

Page 8:

Interview.

After you file your application, you may be notified to appear at a USCIS office to answer questions about the application.You will be required to answer these questions under oath or affirmation. You must bring your Arrival-Departure Record(Form I-94) and any passport or official travel document you have to the interview.

http://www.uscis.gov/files/form/i-485instr.pdf

If the I-485 case gets sent to CSC for quick approval they may or may not send out an RFE for a copy of the I-94

Great info. Thanks! The AOS fee is so incredibly expensive now.. I really just want to get moving on my EAD so I can transfer with work and move down here ASAP. Are you aware of any complications if you don't file the AOS at the same time as the EAD? My 2 year anniversary will be in June so if I wait a bit to file AOS ...what exactly is the benefit to what you referred to as "removing restrictions"?

cheers Mon

[Reba 2]

If you are K3, you can apply for EAD separately from AOS, and you should. If you apply for EAD with your AOS, you're liable to end up with just a one year card. If you file them separately, you'll get a 2 year EAD, valid for the length of your K3.

AOS should be applied for at least before your K3 expires, but there's no rush to get it done as soon as you arrive.

[monicatony 0]

If you are K3, you can apply for EAD separately from AOS, and you should. If you apply for EAD with your AOS, you're liable to end up with just a one year card. If you file them separately, you'll get a 2 year EAD, valid for the length of your K3.

AOS should be applied for at least before your K3 expires, but there's no rush to get it done as soon as you arrive.

Thanks Reba. I hope US Immig. at the airport will give me the I94 they neglected to give me a few days ago so I can get cracking on this paperwork.