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jasonf

I130 Class of admission B2 or WT? i94?

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I will try to keep this short. I moved to Canada to marry my now wife 5+ years ago.  We are now married with 2 kids and when traveling to the US for the Christmas holidays we have decided to stay in the United States and file for her green card.  She has been in the United States since mid December 2018.  When she entered the United States she was traveling on her Canada Passport.  It is my understanding we need to file a I-485 and a I-130.  In looking at the I-130 it is asking for class of admission and there are a ton of options to pick from although it is not immediately clear to me which is the correct answer.   I think it maybe a B2 or WT but am not sure. Or do we not fill this section out as it may be n/a?  Also how does the I-94 fit into all this?

 

Thanks,  

Jason

   

 

 

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You aren't supposed to file for adjustment of status after having entered on a B-2 or visa waiver as a tourist. While it is technically possible, and situations do change, what your spouses intentions were when she crossed the border will be very important if you go through with it. If she came with the intention to adjust status on B-2/visa waiver, she'll have to go back to Canada and apply for an IR-1 immigrant visa. What was said to the border agents is especially important as to what your intentions were if you do file for adjustment of status. 

 

I don't know too much about this, others who are more experienced will probably come to give better advice lol. 

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9 minutes ago, prolixus said:

You aren't supposed to file for adjustment of status after having entered on a B-2 or visa waiver as a tourist. While it is technically possible, and situations do change, what your spouses intentions were when she crossed the border will be very important if you go through with it. If she came with the intention to adjust status on B-2/visa waiver, she'll have to go back to Canada and apply for an IR-1 immigrant visa. What was said to the border agents is especially important as to what your intentions were if you do file for adjustment of status. 

 

I don't know too much about this, others who are more experienced will probably come to give better advice lol. 

 

It doesn't matter how what her intentions were. She was allowed in the US and she can adjust status. 

 

(Unfair but it is what it is) 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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47 minutes ago, jasonf said:

I will try to keep this short. I moved to Canada to marry my now wife 5+ years ago.  We are now married with 2 kids and when traveling to the US for the Christmas holidays we have decided to stay in the United States and file for her green card.  She has been in the United States since mid December 2018.  When she entered the United States she was traveling on her Canada Passport.  It is my understanding we need to file a I-485 and a I-130.  In looking at the I-130 it is asking for class of admission and there are a ton of options to pick from although it is not immediately clear to me which is the correct answer.   I think it maybe a B2 or WT but am not sure. Or do we not fill this section out as it may be n/a?  Also how does the I-94 fit into all this?

 

Thanks,  

Jason

   

 

 

Must be difficult for an entire family to suddenly leave everything behind after entering the US for a short visit during the holidays......Must be very, very difficult.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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1 minute ago, missileman said:

Must be difficult for an entire family to suddenly leave everything behind after entering the US for a short visit during the holidays......Must be very, very difficult.

"Spontaneous" decisions like that are very popular around here. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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6 minutes ago, Roel said:

 

It doesn't matter how what her intentions were. She was allowed in the US and she can adjust status. 

 

(Unfair but it is what it is) 

Yeah that is true. Intent is determined at the border so if she's in the US currently then it would've been determined there was no immigrant intent at that time. Maybe this is given a little more scrutiny at the interview stage? No idea.. Sigh

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1 hour ago, jasonf said:

I will try to keep this short. I moved to Canada to marry my now wife 5+ years ago.  We are now married with 2 kids and when traveling to the US for the Christmas holidays we have decided to stay in the United States and file for her green card.  She has been in the United States since mid December 2018.  When she entered the United States she was traveling on her Canada Passport.  It is my understanding we need to file a I-485 and a I-130.  In looking at the I-130 it is asking for class of admission and there are a ton of options to pick from although it is not immediately clear to me which is the correct answer.   I think it maybe a B2 or WT but am not sure. Or do we not fill this section out as it may be n/a?  Also how does the I-94 fit into all this?

 

Thanks,  

Jason 

 

 

I would read this guide very, very carefully.  Please note that once the I-485 is filed, your spouse can NOT exit and re-enter the US or work for ~4-7 months.....She will also lose her Canadian health care, etc.......

https://www.visajourney.com/content/i130guide2/


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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20 minutes ago, Roel said:

"Spontaneous" decisions like that are very popular around here. 

I will never understand how that works..

 

How do people do that with jobs, bills and kids in school? You just send an e-mail or call your boss/school/family to inform them you’re not coming back from your vacation or trip? How on earth does that work?! And this is a rethorical question 😊

 

When I was in The States last year and met with our lawyer and I was informed that I could just stay, marry and adjust status (which would be perfectly legal) I thought she was crazy! 

 

It always puzzles me when I read posts like that.. 

 

 


   
   
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Wow that is a lot of comments very quickly on my post and nobody has answered my question.  I found the i94 on the CBP website and was able to get the information I needed on my own.  I am surprised with what seems like a lot of knowledgeable people around here that nobody could offer me advice to check the CBP website for the I94 report to get this information.  

As far as all the other people commenting about my situation, I was not asking for opinions.  I would think this forum would work best if people are here trying to help each other out and not providing comments not related to people's questions.  

 

Thanks,

 

Jason 

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10 minutes ago, jasonf said:

I found the i94 on the CBP website and was able to get the information I needed on my own.

Are you going to share the answer for others to learn from?


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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12 minutes ago, jasonf said:

Wow that is a lot of comments very quickly on my post and nobody has answered my question.  I found the i94 on the CBP website and was able to get the information I needed on my own.  I am surprised with what seems like a lot of knowledgeable people around here that nobody could offer me advice to check the CBP website for the I94 report to get this information.  

As far as all the other people commenting about my situation, I was not asking for opinions.  I would think this forum would work best if people are here trying to help each other out and not providing comments not related to people's questions.  

 

Thanks,

 

Jason 

Everyone is free to add comments.  If you think a comment violates the terms of service, feel free to report the post.  


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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I did post the anwser.  You need to go to the CBP website and search for the I94 using your passport number which will have all the information about the class of admission as well as length of stay allowed etc etc...  

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1 minute ago, jasonf said:

I did post the anwser.  You need to go to the CBP website and search for the I94 using your passport number which will have all the information about the class of admission as well as length of stay allowed etc etc...  

To answer one of your questions  "How does the I-94 fit into all this"- Any person who stays beyond the expiration of their I-94 is subject to removal......unless given authorized stay.....


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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Posted (edited)

Intent alone is not a basis for denial of AOS.  That doesn't mean if somebody had fraudulent intent but got by CBP, that they didn't commit fraud. It just means it won't be held against them. 🤷‍♂️

That said, there's no way to know what was the case here.

Canada allows somebody to enter with immigrant intent so long as it is believed that they will exit if such application is denied. I wouldn't be surprised if a Canadian mistakenly thought that applied to the US as well.

 

Edit: The I-94 can be viewed here: https://i94.cbp.dhs.gov/I94/

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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