no arrival record I-94 for I-130 form

[ramonathepest 0]

Hello, I am new to VJ so I apologize if I haven't got the etiquette/process down. I am a canadian in the US. I am going to marry my USCitzen boyfriend of 15 years. I travel back and forth between Montreal and NYC by car every couple of months. We finally decided to live in the same city (ie NYC )permanently so we are going to get married. I never get my passport stamped because I come by car so I don't have a Arrival record or I-94 which seems to have all the immigration consultants baffled. My last entry date was Jan 3 2012 but I have no proof of that. Can I assume that there is a record of my car license plate available at the border that I went through? Is the arrival record absolutely necessary ? Thanks

[The Mean Lady 604]

The border keeps records of when you cross... They know every time I cross back into the US so I'm surprised they can't find any record.

[RICARDO4EVA2 194]

The border keeps records of when you cross... They know every time I cross back into the US so I'm surprised they can't find any record.

yes the border (CBP) keeps track and the request is made thru USCIS

Edited February 11, 2012 by RICARDO4EVA2

[M&MPa 0]

Hello, I am new to VJ so I apologize if I haven't got the etiquette/process down. I am a canadian in the US. I am going to marry my USCitzen boyfriend of 15 years. I travel back and forth between Montreal and NYC by car every couple of months. We finally decided to live in the same city (ie NYC )permanently so we are going to get married. I never get my passport stamped because I come by car so I don't have a Arrival record or I-94 which seems to have all the immigration consultants baffled. My last entry date was Jan 3 2012 but I have no proof of that. Can I assume that there is a record of my car license plate available at the border that I went through? Is the arrival record absolutely necessary ? Thanks

My fiancee came here frequently (by plane) and until 3 yrs ago they used to issue her I-94, but they don't use I-94 anymore ( at least for visa waiver countries) , they just stamped her passport every time and have a record of everything in the computer now. Yes, you can assume they have a record of everything, you really don't need any document for your arrival/departure record as long as you you fill out the forms truthfully everything will go smoothly.

[Inky 1,110]

They have never issued I-94s to Canadian visitors. You don't have to worry about filling in the I-94 part just answer Canadian Visitor in the line provided on the forms.

[RICARDO4EVA2 194]

Hello, I am new to VJ so I apologize if I haven't got the etiquette/process down. I am a canadian in the US. I am going to marry my USCitzen boyfriend of 15 years. I travel back and forth between Montreal and NYC by car every couple of months. We finally decided to live in the same city (ie NYC )permanently so we are going to get married. I never get my passport stamped because I come by car so I don't have a Arrival record or I-94 which seems to have all the immigration consultants baffled. My last entry date was Jan 3 2012 but I have no proof of that. Can I assume that there is a record of my car license plate available at the border that I went through? Is the arrival record absolutely necessary ? Thanks

Your car license ..? Were you not processed..? What did you present to the people at the border. Normally if someone did not get a i94 document it can be requested by using - I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document.

Did they not stamp your passport..??

They have never issued I-94s (used to) to Canadian visitors. You don't have to worry about filling in the I-94 part just answer Canadian Visitor in the line provided on the forms.

[Inky 1,110]

Your car license ..? Were you not processed..? What did you present to the people at the border. Normally if someone did not get a i94 document it can be requested by using - I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document.

Did they not stamp your passport..??

No Canada does not stamp passports on entry or exit of the USA nor does it give I-94 to Canadian visitors.

[RICARDO4EVA2 194]

No Canada does not stamp passports on entry or exit of the USA nor does it give I-94 to Canadian visitors.

[ramonathepest 0]

Wow thanks everyone!! I am just starting down this road. You can bet you"ll be hearing from me again. Do you think it is imperative to get an immigration lawyer to deal with the process or is it ok to go it alone? I have a consultation on Monday to see we should go down the K visa or CR-1 visa route.

[RICARDO4EVA2 194]

Wow thanks everyone!! I am just starting down this road. You can bet you"ll be hearing from me again. Do you think it is imperative to get an immigration lawyer to deal with the process or is it ok to go it alone? I have a consultation on Monday to see we should go down the K visa or CR-1 visa route.

I would go alone unless you will have a complicated case i.e. Criminal History, Sought Visa/residency thru previous marriage etc.

[pocheros 101]

Wow thanks everyone!! I am just starting down this road. You can bet you"ll be hearing from me again. Do you think it is imperative to get an immigration lawyer to deal with the process or is it ok to go it alone? I have a consultation on Monday to see we should go down the K visa or CR-1 visa route.

Unless your case is complicated (one of you committed fraud before, for example) a lawyer is unnecessary and a waste of money. The process is already expensive enough- you don't need to line the pockets of some fancy pants lawyer who often is behind on all the immigration procedures (which update frequently.) This is especially true of a Canadian- Canada is one of the easiest countries to obtain an American visa from. Be grateful for that

From one of my old posts:

If you go the fiance route you must get married in the USA. The main difference between the K1 (fiance) and IR1/CR1 (spouse) is that upon the approval of the visa the K1 does not receive a green card but the IR1 does. So a K1 will receive a visa specifically for the purpose of entering the USA to get married and from within the USA will apply for a green card with USCIS [and the fee for applying for a green card is about $1,000, so you have to have that ready if you're a K1.] The green card gives you permission to work and travel outside the USA along with all the other benefits of being a permanent resident.

Now the catch is if you go the K1 route it's usually a couple months shorter than IR1 EXCEPT for the amount of time it will take you to receive your green card which will take 3-6 months from the date you apply for it, and you can only apply for it after you've been married. So for at least 3-6 months a K1 will be unable to work and also unable to leave the USA. For example if someone in your home country passed away and you were here on a K1 you could not just simply leave the USA and re enter because the K1 is a SINGLE entry visa. You would first have to seek special permission called advanced parole or obtain the green card.

However, a spouse will receive a green card along with their visa and upon entering the USA will be able to seek employment and travel abroad. It's a little longer compared to the K1 but you get more paperwork out of the way at the same time since you don't have to wait 3-6 months to get the benefits of being a permanent resident.

Since you will be so close to home the CR1 seems like a good option because even though you'd just be on the other side of the border, if you had a K1 you'd have to wait a minimum of 3 months before crossing again.

This is also a good summary: http://www.visajourney.com/content/compare

The drawback of the CR1 is that it's not quite as romantic as the K1 But keep in mind if you don't have the money or the ability to plan a wedding just yet, you can simply be legally married and have your real celebration later Immigrating is all about being pragmatic.

It's also convenient that you live in Montreal because that's the consulate that most Canadians interview at, so you get to save on travel costs

Whatever you do, don't file for a K3. It's basically a dead visa that's been replaced with the CR1 and K1.

Edited February 11, 2012 by pocheros

[Love of My Life 2]

No Canada does not stamp passports on entry or exit of the USA nor does it give I-94 to Canadian visitors.

But the US (as it's their border) does sometimes stamp passports on entry to the USA for Canadians, as they did mine and labelled it as a B2 on one of my visits to the country.

(Sorry for the symantics part on Canada stamping it going both ways....I don't mean to be silly on this small issue. Just wanted to clarify that Canada doesn't stamp on the way out but the US can and has stamped on the way in. I'm not trying to be a goofball on the issue...so please forgive me if it appears this way lol.)

I agree on the I-94 part, Canadians do not require this visa for entry purposes as all other countries would and do require a visa for "entry" all on its own. (K1's, students etc notwithstanding)

I apologize for my reply and the sillyness of my explanations if they don't make sense to anyone else out there lol...I have a couple beers in me and just wanted the rest of the good folks out there to know that the US can and has stamped Canadian passports on the way in there....and from my experience they labelled it as a B2.

[Kathryn41 3,205]

there are occasions where a border guard stamps a Canadian passport. Sometimes these are times when the Canadian's time in the US is lessened from the 'up to 6 months' to a designated time, eg 3 weeks, etc.. Passports may also be stamped if the individual crossing has had some sort of previous run in with the border resulting in a turn back or withdrawal of request to enter the US, or has some other out of the ordinary condition that makes the border services feel they want to document the entry in a more obvious way. I suspect it could also be a newly assigned border guard who is just learning the ropes at the Canadian POE as all border authorities serve at Mexican border crossings before they ever get assigned to a Canadian border.

I do have one question for the OP. Are you planning on getting married and remaining in the US on this visit? You are allowed to do this if you did not have the intention of getting married and remaining in the US when you last entered the US in January. Once you get married, you will not be able to cross back into Canada and return to the US until one of two things happens: you get your permanent residency status in the US (green card) or you get travel permission called Advance Parole (AP). You need to file the I-485 petition to request Adjustment of Status from a B-2 visitor (which is what you are even without the passport stamp) to a PR, and you would file form I-131 at the same time. If you cross back into Canada before you get either one of those documents you would not be allowed to adjust status from within the US anymore and would have to start the whole immigration process all over again from the beginning.

If you are not planning on remaining in the US on this visit, then you can get married and your fiance can start the immigration process by filing the I-130 petition while you can travel back in Canada. You should be able to continue to visit him in the US while you go through this process - the CR-1 visa process - but should bring with you proof of your ties to Canada on each and every visit to reassure the border authorities that you are not intending to stay in the US until you get the proper visa.

Good luck, and welcome to Visa Journey. And I agree with the others- you don't generally need a lawyer to do this. Be prepared to do a lot of reading and a lot of document gathering. You may need to have someone in Canada get some of the documents you will need for you as you will not be able to cross back into Canada to get them yourself (eg long form birth certificate, copy of medical vaccinations, etc.).

[Pickle_slushy 4]

On 2/11/2012 at 9:52 AM, ramonathepest said:

Hello, I am new to VJ so I apologize if I haven't got the etiquette/process down. I am a canadian in the US. I am going to marry my USCitzen boyfriend of 15 years. I travel back and forth between Montreal and NYC by car every couple of months. We finally decided to live in the same city (ie NYC )permanently so we are going to get married. I never get my passport stamped because I come by car so I don't have a Arrival record or I-94 which seems to have all the immigration consultants baffled. My last entry date was Jan 3 2012 but I have no proof of that. Can I assume that there is a record of my car license plate available at the border that I went through? Is the arrival record absolutely necessary ? Thanks

Hello, 

 

I know this is old so hope you see it! 

 

I'm just wondering what ended up happening? I am in the same situation. Going through marriage based AOS. She is from Canada and arrived as a visitor. Ended up staying and getting married. 

 

She arrived through a land port. No passport stamp. No I-94. On the official I-94 website the only thing available to her is a arrival/departure record which is accurate at least. 

 

Should we just print out this history? What did you do and was it successful? 

[Ontarkie 13,916]

~~Zombie thread locked to further replies. The OP of this thread has not been back since 2012~~