Candadians coming in with no I-94 & applying for AOS?

[Steph0814 1]

Ok, so I am looking all over for the answer to this. I am Canadian Citizen, the last I-94 stamp I have in my expired passport is from Oct 17th 2001 with N/C. (No Class). That was not the last date of Entry however.

I am now filling out all my paperwork (I am a bit OCD about filling it out right and maybe giving more paperwork than needed to USCIS), I read on here that some just put "Canadian Citizen" in the appropriate boxes it asks for the I-94.

I also read on here that I can fill out a I-102 to send with it. Wonderful IDEA! But that is another $320 and money is tight.

I of course will do what it takes, but wanted to get the opinions and advise of the Pro's. I have noticed a lot of Canadians on here.

Thank you all in advance

[YuAndDan 153]

If you use and enter the USA on a K-Visa you should get an I-94 card. What visa are you adjusting from?

[Steph0814 1]

Hi! I have no visa! I didnt need one to enter, that is why I am confused I guess.

I got married while I had been here and have been living with him before we even got engaged. so...?

Am I screwed?

If you use and enter the USA on a K-Visa you should get an I-94 card. What visa are you adjusting from?

[YuAndDan 153]

Hi! I have no visa! I didnt need one to enter, that is why I am confused I guess.

I got married while I had been here and have been living with him before we even got engaged. so...?

Am I screwed?

If you use and enter the USA on a K-Visa you should get an I-94 card. What visa are you adjusting from?

I-94 is a requirement for adjustment of status, I-102 should get you one, the only wrinkle I see is if you have been in the USA longer than 6 months, they may have a problem with overstay.

[Steph0814 1]

Thank you so much.

Very helpful! So even if I drove through the candian border within the last month and they didnt stamp me I would be overstayed?

I have an apointment on Monday 3/24/08 with Infopass here in Atlanta, and plan to ask them then. Just a bit impatient.

LOL

Hi! I have no visa! I didnt need one to enter, that is why I am confused I guess.

I got married while I had been here and have been living with him before we even got engaged. so...?

Am I screwed?

If you use and enter the USA on a K-Visa you should get an I-94 card. What visa are you adjusting from?

I-94 is a requirement for adjustment of status, I-102 should get you one, the only wrinkle I see is if you have been in the USA longer than 6 months, they may have a problem with overstay.

[bluegreen 0]

Steph,

I have just done what you are doing. I have no recent 1-94. I've had my Biometrics and no RFEs yet. You don't need the I-102, based on the research I did - in fact, it seems to make things much more confused. Canadians are in a very unique situation. Your last I-94 would have no bearing - you left the states after that visit. Sometmes they issue them, sometimes they don't - and USCIS knows that. The rules are SO vague for Canadians - it makes the forms difficult to complete!

Everywhere I was asked for I-94 on my application I just put N/A - Canadian Citizen. OR None - Canadian Visitor.

There are plenty of Canadians on here who have adjusted from visitor status like we are doing - and as far as I could tell, most did not bother with the I-102 - I think that is for a replacement I-94 and they can't replace it if you never got one.

You might want to ask in the Canadian forum too, although most people who post there regularly seem to have adjusted from a spousal visa.

Just my opinion based on my research, but I would NOT got the I-102 route. I found a few useful threads about this my doing a really exhaustive search on this forum - it took ages and this is the conclusion I came to:)

Good Luck!

[Steph0814 1]

WONDERFUL! I too have been on here all morning looking for this answer and sort of came to the same conclusion. So thank you and it makes me feel better knowing that you did it this way as well.

Thank you, Thank you

Steph,

I have just done what you are doing. I have no recent 1-94. I've had my Biometrics and no RFEs yet. You don't need the I-102, based on the research I did - in fact, it seems to make things much more confused. Canadians are in a very unique situation. Your last I-94 would have no bearing - you left the states after that visit. Sometmes they issue them, sometimes they don't - and USCIS knows that. The rules are SO vague for Canadians - it makes the forms difficult to complete!

Everywhere I was asked for I-94 on my application I just put N/A - Canadian Citizen. OR None - Canadian Visitor.

There are plenty of Canadians on here who have adjusted from visitor status like we are doing - and as far as I could tell, most did not bother with the I-102 - I think that is for a replacement I-94 and they can't replace it if you never got one.

You might want to ask in the Canadian forum too, although most people who post there regularly seem to have adjusted from a spousal visa.

Just my opinion based on my research, but I would NOT got the I-102 route. I found a few useful threads about this my doing a really exhaustive search on this forum - it took ages and this is the conclusion I came to:)

Good Luck!

[Steph0814 1]

Oh and Good Luck to you as well! It seems you are moving along pretty well.

Hopefully with all the elections everyone is too busy worrying about that and letting the USCIS do thier job.

WONDERFUL! I too have been on here all morning looking for this answer and sort of came to the same conclusion. So thank you and it makes me feel better knowing that you did it this way as well.

Thank you, Thank you

Steph,

I have just done what you are doing. I have no recent 1-94. I've had my Biometrics and no RFEs yet. You don't need the I-102, based on the research I did - in fact, it seems to make things much more confused. Canadians are in a very unique situation. Your last I-94 would have no bearing - you left the states after that visit. Sometmes they issue them, sometimes they don't - and USCIS knows that. The rules are SO vague for Canadians - it makes the forms difficult to complete!

Everywhere I was asked for I-94 on my application I just put N/A - Canadian Citizen. OR None - Canadian Visitor.

There are plenty of Canadians on here who have adjusted from visitor status like we are doing - and as far as I could tell, most did not bother with the I-102 - I think that is for a replacement I-94 and they can't replace it if you never got one.

You might want to ask in the Canadian forum too, although most people who post there regularly seem to have adjusted from a spousal visa.

Just my opinion based on my research, but I would NOT got the I-102 route. I found a few useful threads about this my doing a really exhaustive search on this forum - it took ages and this is the conclusion I came to:)

Good Luck!

[bluegreen 0]

Thanks! Hopefully things will continue to go this smoothly, but only time will tell:). Good luck with your application!

[luluyen 0]

So from what I am reading does that mean I can file AOS without I-94 as long I just put N/A-Canadian Citizen? Because I wasn't issue an I-94 form when I entered LA from Vancouver, BC and now almost everything I need to apply need a I-94 number. I tried applying for I-102 which cost me $320 but I got a letter from USCIS saying they are not able to issue the I-94 because the entry stamp on my passport shows that i was admitted into US by the Bureau of Customs and Border Portection and I should direct this inquiry to CBP thru their website. And when I went to CBP website it shows that I need to file I-102 so right now I am stuck I have no idea how do i go about applying AOS. Thank you so much in advance for any reply.

[luluyen 0]

I wanted to make sure because I really don't wanna pay $1000+ on filing AOS and get decline due to lack of I-94 number. We really can't afford losing that.

[Kathryn41 3,205]

A Canadian citizen who crosses the border as a 'normal' visitor is not issued an I-94 enter/exit visa unless he or she is using some sort of other US issued visa/permit such as a B-1 visa that is issued by the Consulate to apply for entry. Just showing up at the border for admission and being allowed to cross the border as a Canadian does not require a visa. This is a special agreement enjoyed by Canadians and Americans entering each other's countries. It is NOT a visa-waiver program. So, if you entered the US as a temporary visitor not intending to stay, fell in love with an American and got married and decided to stay after all, you will not have an I-94 - nor will you be able to obtain one by filing an I-102 because that is to replace a lost I-94 - and as there was never one issued, it cannot be replaced. As a Canadian applying for an AOS you will not be denied due to the lack of an I-94 since Canadians, as general visitors, are not issued I-94s. You just need to do as other Canadians who have been through the process suggest - write: n/a Canadian citizen - no I-94 issued - and you will be fine.

[bluegreen 0]

Well, I am doing it without an I-94. But obviously, I'm not through the process yet. I remember reading on here about Canadians doing it the same way. Maybe a Canadian who has received their GC after entering as a visitor could chime in? I remember chatting to a few different people on here that applied the same way...Travis&Lisa are one example I can think of - they have received their GC and never had an I-94. There are a few others whose names escape me.

[luluyen 0]

A Canadian citizen who crosses the border as a 'normal' visitor is not issued an I-94 enter/exit visa unless he or she is using some sort of other US issued visa/permit such as a B-1 visa that is issued by the Consulate to apply for entry. Just showing up at the border for admission and being allowed to cross the border as a Canadian does not require a visa. This is a special agreement enjoyed by Canadians and Americans entering each other's countries. It is NOT a visa-waiver program. So, if you entered the US as a temporary visitor not intending to stay, fell in love with an American and got married and decided to stay after all, you will not have an I-94 - nor will you be able to obtain one by filing an I-102 because that is to replace a lost I-94 - and as there was never one issued, it cannot be replaced. As a Canadian applying for an AOS you will not be denied due to the lack of an I-94 since Canadians, as general visitors, are not issued I-94s. You just need to do as other Canadians who have been through the process suggest - write: n/a Canadian citizen - no I-94 issued - and you will be fine.

I entered USA as K-1 Visa from Canada not visitor so is it the same?

[bluegreen 0]

Ohhhh, I don't know anything about K-1 visas. Sorry, I thought you came as a visitor like the OP. But YES, I think you need the I-94 in that case. Kathryn41, do you know?

I should have looked more carefully - it's right in your info there. Sorry!