RFE for evidence of status, but I'm Canadian! No I-94! HELP

[xjennyinstereox 0]

I got an RFE about having to provide evidence of my non immigrant status and eligibility to file the I-485... they're asking for me I-94 number and I don't have one. Everyone told me to just put "No I-94/Canadian Citizen" in the section where it asks for an I-94 number... and so I did that.. and now they're asking for it. I don't know WHAT to do. I was inspected but have no proof. I figured that applying for the I-485 and sending in an I-130 along with it was sufficient for eligibility... as that would provide me with an immediately available immigrant visa number, right? So anyways, I was wondering if anyone else had this problem and if so, how did you prove your non immigrant status?? How do you prove you were inspected if you have nothing in your passport saying so? I really don't want to have to fill out the I-102... I shouldn't have to. Other people did what I did and didn't have any problems.. but now I have no idea what to do. Anyone else have this happen to them? I really have no idea what to do. Should I send a letter explaining my situation? (being canadian, not needing a visa to enter the us, no I-94, etc)

[Yodrak 7]

xjennyinstereox,

Can you tell if the RFE came from the Chicago lockbox or the National Benefits Center in Missouri? If the former, perhaps the RFE was generated by a file clerk who was comparing your submission to a checklist of items it should contain and was not astute enough to recognize that having entered as a Canadian visitor you would not have an I-94. In any case, I can't think of anything for you to do but respond with your explanation for why you cannot provide an I-94.

What is "NOA3 for I-130"? What is the Notice Type written on the NOA?

Yodrak

I got an RFE about having to provide evidence of my non immigrant status and eligibility to file the I-485... they're asking for me I-94 number and I don't have one. Everyone told me to just put "No I-94/Canadian Citizen" in the section where it asks for an I-94 number... and so I did that.. and now they're asking for it. I don't know WHAT to do. I was inspected but have no proof. I figured that applying for the I-485 and sending in an I-130 along with it was sufficient for eligibility... as that would provide me with an immediately available immigrant visa number, right? So anyways, I was wondering if anyone else had this problem and if so, how did you prove your non immigrant status?? How do you prove you were inspected if you have nothing in your passport saying so? I really don't want to have to fill out the I-102... I shouldn't have to. Other people did what I did and didn't have any problems.. but now I have no idea what to do. Anyone else have this happen to them? I really have no idea what to do. Should I send a letter explaining my situation? (being canadian, not needing a visa to enter the us, no I-94, etc)

[xjennyinstereox 0]

xjennyinstereox,

Can you tell if the RFE came from the Chicago lockbox or the National Benefits Center in Missouri? If the former, perhaps the RFE was generated by a file clerk who was comparing your submission to a checklist of items it should contain and was not astute enough to recognize that having entered as a Canadian visitor you would not have an I-94. In any case, I can't think of anything for you to do but respond with your explanation for why you cannot provide an I-94.

What is "NOA3 for I-130"? What is the Notice Type written on the NOA?

Yodrak

Yordak,

It may be an NOA1 but I'm not sure, I guess they were all first notices... anyways, It came from Missouri. I think you are right about the file clerk possibility, as when I called the USCIS customer service line, the person on the phone didn't know what he was talking about. He kept telling me that I was part of the Visa Waiver Program and had overstayed and that I wasn't eligible for anything, etc. and I was like "Um, no, I'm Canadian, from Canada, and Canada isn't even part of the Visa Waiver Program".. I thought it was weird that I knew more about it than he did... so you never know, I guess.

So what I did was I wrote a letter explaining my situation and I am sending it off as my response to the RFE. This is what I wrote as my response:

10/09/2006

To Whom It May Concern:

This is a letter of explanation regarding the RFE H.(1) received on the 5th of October, 2006. I have been asked for evidence of my current nonimmigrant status in the form of an I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of my passport showing admission to the United States.

As a Canadian Citizen, I am not required to have my passport stamped when I cross the border into the United States and do not require an I-94 Arrival/Departure Record. I was inspected at the border and showed my passport to the officer, and was allowed to enter the United States. No I-94 was received. I entered as a visitor and my point of entry was Alexandria Bay and the Thousand Islands Bridge in the state of New York on July 4th, 2006.

Furthermore, I consulted with an immigration officer at an InfoPass appointment at the Baltimore District Office on the 11th of September, 2006 at 1pm in the afternoon. The immigration officer my husband and I consulted with advised that I should write “No I-94/Canadian Citizen” on the I-485 form where it asks for the I-94 number. We were told that as a Canadian Citizen, I was not required to have one and she looked over all of my documentation and advised us to write “No I-94/Canadian Citizen” in any place where I was asked for an I-94 number. It was explained that this was common procedure for Canadian Citizens and that it was the correct way to file the I-485.

Think it will be ok? I've been told that other people wrote letters explaining the same thing and were never asked again about it. I hope it works out!!

[Yodrak 7]

xjennyinstereox,

If the notice came from Missouri then I would expect that the RFE was issued by a case officer, who should know better, not by a file clerk. My understanding is that the clerks who check the contents of the submissions and create the files are located at the lockbox facility in Chicago.

In any event, your letter of explanation is well written and will hopefully resolve the issue.

Yodrak

xjennyinstereox,

Can you tell if the RFE came from the Chicago lockbox or the National Benefits Center in Missouri? If the former, perhaps the RFE was generated by a file clerk who was comparing your submission to a checklist of items it should contain and was not astute enough to recognize that having entered as a Canadian visitor you would not have an I-94. In any case, I can't think of anything for you to do but respond with your explanation for why you cannot provide an I-94.

.....

Yodrak

Yordak,

....... anyways, It came from Missouri. I think you are right about the file clerk possibility, as when I called the USCIS customer service line, the person on the phone didn't know what he was talking about. He kept telling me that I was part of the Visa Waiver Program and had overstayed and that I wasn't eligible for anything, etc. and I was like "Um, no, I'm Canadian, from Canada, and Canada isn't even part of the Visa Waiver Program".. I thought it was weird that I knew more about it than he did... so you never know, I guess.

So what I did was I wrote a letter explaining my situation and I am sending it off as my response to the RFE. This is what I wrote as my response:

10/09/2006

To Whom It May Concern:

This is a letter of explanation regarding the RFE H.(1) received on the 5th of October, 2006. I have been asked for evidence of my current nonimmigrant status in the form of an I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of my passport showing admission to the United States.

As a Canadian Citizen, I am not required to have my passport stamped when I cross the border into the United States and do not require an I-94 Arrival/Departure Record. I was inspected at the border and showed my passport to the officer, and was allowed to enter the United States. No I-94 was received. I entered as a visitor and my point of entry was Alexandria Bay and the Thousand Islands Bridge in the state of New York on July 4th, 2006.

Furthermore, I consulted with an immigration officer at an InfoPass appointment at the Baltimore District Office on the 11th of September, 2006 at 1pm in the afternoon. The immigration officer my husband and I consulted with advised that I should write "No I-94/Canadian Citizen" on the I-485 form where it asks for the I-94 number. We were told that as a Canadian Citizen, I was not required to have one and she looked over all of my documentation and advised us to write "No I-94/Canadian Citizen" in any place where I was asked for an I-94 number. It was explained that this was common procedure for Canadian Citizens and that it was the correct way to file the I-485.

Think it will be ok? I've been told that other people wrote letters explaining the same thing and were never asked again about it. I hope it works out!!

[Chiroman 0]

The officer gave me a stamp and a extra paper attached to my passport at POE. I am canadian as well, but came on a K1 Visa. The officer also stamped my family that was driving with me, hope it helps.

[xjennyinstereox 0]

The officer gave me a stamp and a extra paper attached to my passport at POE. I am canadian as well, but came on a K1 Visa. The officer also stamped my family that was driving with me, hope it helps.

I didn't come in on any visa at all. I came here as a visitor, fell in love, got married afterwards and then started the whole AOS process. So when I came through, I thought I'd be going home again at the end of the summer. I hope my letter is a sufficient enough response to the RFE. I'm so nervous about it!

[Hyeyoung Kim 0]

On 09/10/2006 at 10:11 AM, xjennyinstereox said:

I got an RFE about having to provide evidence of my non immigrant status and eligibility to file the I-485... they're asking for me I-94 number and I don't have one. Everyone told me to just put "No I-94/Canadian Citizen" in the section where it asks for an I-94 number... and so I did that.. and now they're asking for it. I don't know WHAT to do. I was inspected but have no proof. I figured that applying for the I-485 and sending in an I-130 along with it was sufficient for eligibility... as that would provide me with an immediately available immigrant visa number, right? So anyways, I was wondering if anyone else had this problem and if so, how did you prove your non immigrant status?? How do you prove you were inspected if you have nothing in your passport saying so? I really don't want to have to fill out the I-102... I shouldn't have to. Other people did what I did and didn't have any problems.. but now I have no idea what to do. Anyone else have this happen to them? I really have no idea what to do. Should I send a letter explaining my situation? (being canadian, not needing a visa to enter the us, no I-94, etc)

How does you letter turn out? Did your case approve without I-94?

[xjennyinstereox 0]

2 hours ago, Hyeyoung Kim said:

How does you letter turn out? Did your case approve without I-94?

Hi, wow, I haven't been on here in like 10 years! My letter explaining that I'm a Canadian citizen and don't require an I-94 at the border was sufficient. Good luck!

[Hyeyoung Kim 0]

2 hours ago, xjennyinstereox said:

Hi, wow, I haven't been on here in like 10 years! My letter explaining that I'm a Canadian citizen and don't require an I-94 at the border was sufficient. Good luck!

Thank you..

[Stagnant Sloth 5]

For anyone who may also stumble across this thread - you may not have been issued a I94 on a K1 at the Port of Entry and may not have one in your passport.

 

However, your number can be obtained online at this section of the Department of Homeland Security website:

 

https://i94.cbp.dhs.gov/I94/#/home

 

And in case anyone may read this thread again in the future and the above link is no longer valid, you should be able to find the proper link by typing into Google: "obtain i94 online".

Edited March 15, 2017 by Stagnant Sloth