Jump to content
Sign in to follow this  
xjennyinstereox

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

10 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Canada
Timeline

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)


I-485 AOS Filing (shortened timeline):

08/25/06 - WEDDING DAY <3

09/14/06 - Medical

09/18/06 - Mailed AOS

10/04/06 - RFE request I-485

10/11/06 - RFE response rec'd by USCIS

10/12/06 - BIOMETRICS done!

11/18/06 - Interview Notice in mail (Day 60)

12/26/06 - *TOUCH* I-765, EAD approval notice sent (Day 98)

12/29/06 - Received EAD, applied for SSN (Day 101)

01/03/07 - *TOUCH* I-130, I-485, I-765 received EAD (Day 106)

01/10/07 - INTERVIEW 9:45am Baltimore! Recommended for approval (Day 113)

05/08/07 - APPROVAL NOTICE & WELCOME TO USA LETTER SENT! (Day 231)

05/14/07 - Received I-130 approval & welcome letter (Day 237)

05/15/07 - Green card ordered (Day 238)

I-751 Filing:

02/06/09 - Mailed I-751! (Day 1)

02/09/09 - I-751 Delivered to Vermont (Day 4)

02/13/09 - NOA 1 (Day 8)

03/06/09 - BIOMETRICS (Day 29)

03/09/09 - *TOUCH* (Day 32)

06/26/09 - 10 year green card APPROVED! (Day 141)

Share this post


Link to post
Share on other sites
Filed: Timeline

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)

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Canada
Timeline
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!!


I-485 AOS Filing (shortened timeline):

08/25/06 - WEDDING DAY <3

09/14/06 - Medical

09/18/06 - Mailed AOS

10/04/06 - RFE request I-485

10/11/06 - RFE response rec'd by USCIS

10/12/06 - BIOMETRICS done!

11/18/06 - Interview Notice in mail (Day 60)

12/26/06 - *TOUCH* I-765, EAD approval notice sent (Day 98)

12/29/06 - Received EAD, applied for SSN (Day 101)

01/03/07 - *TOUCH* I-130, I-485, I-765 received EAD (Day 106)

01/10/07 - INTERVIEW 9:45am Baltimore! Recommended for approval (Day 113)

05/08/07 - APPROVAL NOTICE & WELCOME TO USA LETTER SENT! (Day 231)

05/14/07 - Received I-130 approval & welcome letter (Day 237)

05/15/07 - Green card ordered (Day 238)

I-751 Filing:

02/06/09 - Mailed I-751! (Day 1)

02/09/09 - I-751 Delivered to Vermont (Day 4)

02/13/09 - NOA 1 (Day 8)

03/06/09 - BIOMETRICS (Day 29)

03/09/09 - *TOUCH* (Day 32)

06/26/09 - 10 year green card APPROVED! (Day 141)

Share this post


Link to post
Share on other sites
Filed: Timeline

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!!

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Canada
Timeline
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!


I-485 AOS Filing (shortened timeline):

08/25/06 - WEDDING DAY <3

09/14/06 - Medical

09/18/06 - Mailed AOS

10/04/06 - RFE request I-485

10/11/06 - RFE response rec'd by USCIS

10/12/06 - BIOMETRICS done!

11/18/06 - Interview Notice in mail (Day 60)

12/26/06 - *TOUCH* I-765, EAD approval notice sent (Day 98)

12/29/06 - Received EAD, applied for SSN (Day 101)

01/03/07 - *TOUCH* I-130, I-485, I-765 received EAD (Day 106)

01/10/07 - INTERVIEW 9:45am Baltimore! Recommended for approval (Day 113)

05/08/07 - APPROVAL NOTICE & WELCOME TO USA LETTER SENT! (Day 231)

05/14/07 - Received I-130 approval & welcome letter (Day 237)

05/15/07 - Green card ordered (Day 238)

I-751 Filing:

02/06/09 - Mailed I-751! (Day 1)

02/09/09 - I-751 Delivered to Vermont (Day 4)

02/13/09 - NOA 1 (Day 8)

03/06/09 - BIOMETRICS (Day 29)

03/09/09 - *TOUCH* (Day 32)

06/26/09 - 10 year green card APPROVED! (Day 141)

Share this post


Link to post
Share on other sites
Filed: EB-3 Visa Country: Andorra
Timeline
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?

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Canada
Timeline
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!


I-485 AOS Filing (shortened timeline):

08/25/06 - WEDDING DAY <3

09/14/06 - Medical

09/18/06 - Mailed AOS

10/04/06 - RFE request I-485

10/11/06 - RFE response rec'd by USCIS

10/12/06 - BIOMETRICS done!

11/18/06 - Interview Notice in mail (Day 60)

12/26/06 - *TOUCH* I-765, EAD approval notice sent (Day 98)

12/29/06 - Received EAD, applied for SSN (Day 101)

01/03/07 - *TOUCH* I-130, I-485, I-765 received EAD (Day 106)

01/10/07 - INTERVIEW 9:45am Baltimore! Recommended for approval (Day 113)

05/08/07 - APPROVAL NOTICE & WELCOME TO USA LETTER SENT! (Day 231)

05/14/07 - Received I-130 approval & welcome letter (Day 237)

05/15/07 - Green card ordered (Day 238)

I-751 Filing:

02/06/09 - Mailed I-751! (Day 1)

02/09/09 - I-751 Delivered to Vermont (Day 4)

02/13/09 - NOA 1 (Day 8)

03/06/09 - BIOMETRICS (Day 29)

03/09/09 - *TOUCH* (Day 32)

06/26/09 - 10 year green card APPROVED! (Day 141)

Share this post


Link to post
Share on other sites
Filed: EB-3 Visa Country: Andorra
Timeline
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..

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Canada
Timeline

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 by Stagnant Sloth

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...