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slyph123

B-2 Canadian Visitor, no I-94, AOS with USA Spouse

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Hello!




I am a Canadian, got married(to US Spouse, in NYC) in April of this year(2016) and have been going back and forth between Canada and the US since. Last entry was October(in USA now).


I do not have a K visa, only b-2 visitor.



Recently sat down and collected all the papers and documents to file I-130 + I-485 together.



I received an I-94 when i flew in in April, but during all my recent entries including my last entry in October(by car) i wasn't given a stamp or number(94).


According to the i-94 website, the i-94 number is expired, and also none of my trips in and out were documented(on the website).



What should i do?


I spoke to an Customs officer on the phone and he told me to go back to canada, and re-enter but this time, ask for the form...should i do this ?


or:


Should i write "visitor Canadian" on my forms when it asks for i-94?


and how can i prove when i came into the country(if i dont have stamp)?


Also, how important is the additional evidence to prove out marriage is bona fida when sending in the i-130/i-485? Can we just prove it during the interview?



I appreciate any help thank you !!!



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first off you can't leave the us. or else you will need to get a cr1 visa since you can not enter with your b1/b2 visa with the intention of adjusting to greencard.

go online to the cbp site and look up electronic i94. enter your passport info and it will give your i94.

good luck

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If you left the US with the intention of re-entering in order to obtain I-94 to adjust status, I believe it would be considered visa fraud. Did you intend to immigrate to the US on your last trip back to the US? If so, it is also fraud.

If you didn't intend to immigrate this time around, you can file. Or go back to Canada and get a spousal visa, whichever. I'm not really sure what you would write in the I-94, since I got an I-94 myself flying over from Canada.

Cheers.

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Interesting case since it is so similar to my own! I am a US citizen and my husband is a Canadian citizen. We got married last year and he entered the US on a B2 visa in July 2016 (we intended this to just be a visit - there was no immigrant intent, but we changed our minds after that) so we applied to adjust his status in September 2016. When we pulled his I-94, it stated that his last date of entry to the US was in May 2016, and did not show his most recent entry. He also did not receive a stamp on his passport for the July entry. I thought this was strange, but we went ahead and filed all the AOS documents (I-485, I-131, I-765) together and included that I-94, and we haven't had any problems. You write in the date of your most recent entry on your application, and we obviously wrote down a date that didn't match the I-94.

In terms of the I-131, there are a number of things you have to include to prove your marriage is real, I'm sure there are plenty of lists online if you just search for it, it includes stuff that proves you live together/pictures of you together/proof of vacations taken together etc.

Hope this helps!

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My husband and I had the same thing happen (he is from Canada). Our immigration lawyer did research for us and found that if you enter the US from Canada BY GROUND/driving, you are not issued an I-94. On our paperwork we just stated entered at this POE driving, or something along those lines!

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