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Hi all, I have a question about the correct way to deal with the question I2 if your fiance is currently in the US, complete the following and then it asks for details of I-94 Arrival/departure record. I entered the UD on a visitor's visa from Canada and don't require the I-94. I will be leaving within a couple of days of signing the paperwork. Does anyone think it might be a good idea to also attach a declaration to that effect so there is no suspicion that I will be staying in the country awaiting the approval of our K-1? I know the USCIS website states this is illegal, but it also state it is OK to visit under the North American agreements. Any comments or advice appreciated. We don't want to run afoul of something here.

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Just put "none-Canadian visitor" for I-94. They know you won't stay in the country illegally while waiting for K-1 approval, because you have to go back to Canada for the interview anyway and if you overstayed you might not come back for a long time. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: Canada
Timeline

Hi all, I have a question about the correct way to deal with the question I2 if your fiance is currently in the US, complete the following and then it asks for details of I-94 Arrival/departure record. I entered the UD on a visitor's visa from Canada and don't require the I-94. I will be leaving within a couple of days of signing the paperwork. Does anyone think it might be a good idea to also attach a declaration to that effect so there is no suspicion that I will be staying in the country awaiting the approval of our K-1? I know the USCIS website states this is illegal, but it also state it is OK to visit under the North American agreements. Any comments or advice appreciated. We don't want to run afoul of something here.

We were in a similar situation. My fiance filed the petition while I was in the US visiting him (I returned to Canada a couple weeks after we got our NOA1). We answered "yes" to the question whether I was in the US. We put "Canadian citizen, no I-94 issued" in the section where the form asks for the I-94 number. We answered "n/a" in the section where it asks for the I-94 expiry. Our case hasn't been adjudicated yet, but this was this advice given to us by a VJ 'veteran'. Hope this helps!


Naturalization Journey

02-08-2016: N-400 sent

03-08-2016: Biometrics appointment

03-11-2016: Notification "in-line for interview"

04-04-2016: Received interview letter (for May 11)

05-11-2016: Interview (passed!)

06-27-2016: Oath ceremony-->I'm a US citizen!

ROC Journey

06-16-2014: I-751 application package sent to VSC

06-20-2014: Date of NOA1

07-18-2014: Biometrics appointment

11-18-2014: Case transferred to CSC

02-24-2015: ROC approved!!

AOS Journey
02-06-2012: I-485 (plus I-765 and I-131) sent
02-14-2012: Requested an expedite of my EAD due to job offer
02-29-2012: Contacted congressman to help with EAD expedite request
03-02-2012: EAD + AP approved! (Day 25)
09-27-2012: Green card received! (no interview!)

K-1 Visa Journey
05-18-2011: NOA1
11-21-2011: NOA2 *only* 187 days from NOA1!
01-05-2012: Interview at consulate in Vancouver, Canada - visa approved!!!!
01-18-2012: Wedding!!! Yay! We are married!!!

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Filed: Citizen (pnd) Country: Mexico
Timeline

I was in the US for a few days too, had a I-94 and we said NO. No problems at all!!


K1 visa
Filed I-129: Dec 3rd 2010
Interview: July 6th 2011 APPROVED!


AOS
Filed: Oct 4th 2011
AOS Interview: Feb 7th 2012 - RFE sad.png
AOS Approved: Feb 9th - without sending RFE
Green Card received: Feb 17th smile.png

ROC

Filed: Nov 13th 2013

Approved: March 13th 2014

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