Jump to content
Pickle_slushy

I-130 and AOS without arriving to US on valid "visa"

29 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Canada
Timeline

Me (US) and my fiancé (Canadian) were going through the K1 process but the visa interview in Montreal was canceled due to covid. She has been here with my since March. With all the uncertainty about borders opening and consulates opening as well, we are considering just getting married, submitting a I-130, and AOS from here in the states. 

 

My question is: It's stated that to do this method, she must have came here on either a valid visa or a visa waiver program. I'm not sure if this is an issue with us because; She never received any type of visa or stamp when she entered, nor has she ever when she arrives through the land port of entry. I've checked her I-94 record online but nothing shows up?

 

Does anybody know how this will affect us if at all? 

Share this post


Link to post
Share on other sites

Canadian passport holders do not require visas to enter the US for leisure purposes. Her passport should have been stamped with a B-2 stamp with a date on it. That’s evidence that she arrived here legally. People who enter illegally (without inspection) are not able to adjust status once here. Provided she came through a recognized border crossing point, be that an airport, land crossing point, or sea port, she is fine. 


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Canada
Timeline
1 minute ago, JFH said:

Canadian passport holders do not require visas to enter the US for leisure purposes. Her passport should have been stamped with a B-2 stamp with a date on it. That’s evidence that she arrived here legally. People who enter illegally (without inspection) are not able to adjust status once here. Provided she came through a recognized border crossing point, be that an airport, land crossing point, or sea port, she is fine. 

She did cross legally through a land border. They just never stamped it at all. They never stamp mine when I visit her there either. The only proof I have of her arrival is by looking at her arrival/departure history on the website, which is accurate. 

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Canada
Timeline
2 minutes ago, Villanelle said:

Did you check her i94 online and nothing showed up or are you able to see all her arrivals and departures on the website? Is the problem you dont have a stamp or the entry is not showing up in the system?

On the official I-94 website she has no information available for I-94. The only thing thst shows up is her arrival/departure history. I'm not sure if this is considered an issue or not. I really don't understand if it's normal for her to have not received a I-94 at all

Share this post


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

We are considering switching from K1 process and instead marrying and doing AOS from the states while she is here.

 

I am confused on the I-944 public charge form... If she legally cannot work here, how can she provide sufficient income proof? I make enough to support her, but am I able to put my income and assets on there as well? I thought this is the point of the I-864 affidavit of support? 

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
14 minutes ago, Pickle_slushy said:

We are considering switching from K1 process and instead marrying and doing AOS from the states while she is here.

 

I am confused on the I-944 public charge form... If she legally cannot work here, how can she provide sufficient income proof? I make enough to support her, but am I able to put my income and assets on there as well? I thought this is the point of the I-864 affidavit of support? 

She tells the truth.  Sometimes answers are $0, or NONE, etc.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

You use the I-864 as sponsor.

 


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

~~moved to AOS from work, tourist, or student visa from IR1/CR1 process and procedures. Topic is about AOS within USA while visiting instead of K1 ~~


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
Filed: Timeline
15 hours ago, Pickle_slushy said:

On the official I-94 website she has no information available for I-94. The only thing thst shows up is her arrival/departure history. I'm not sure if this is considered an issue or not. I really don't understand if it's normal for her to have not received a I-94 at all

The records can be electronic and you wouldnt have a paper copy of it. Thats different from if you were given a paper and lost it. Check out this link and see if it helps you make sense of it all.- https://www.cbp.gov/sites/default/files/assets/documents/2016-Mar/i-94-automation-fact-sheet.pdf   and or- https://www.cbp.gov/sites/default/files/assets/documents/2016-Mar/i-94-automation-fact-sheet.pdf   Contact CBP if you need help or if something is missing that shouldnt be, but it sounds like its all there and you are just confused about not having a paper version. 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Bulgaria
Timeline
15 hours ago, Pickle_slushy said:

Huh? I realize that, but am allowed to use my income as well? 

YES, the financial part of I-944 is for the household, so your income as well 

Share this post


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

If she entered at a land border she was likely admitted as n/c or “non-controlled”.  No I-94 would be generated.  
 

Her entry should still show up on the CBP website so no issue.  

Edited by Henry357

ROC

 

03/05/2019 Notice to Transfer to Nebraska Service Center

04/05/2018 NOA from CSC (Biometrics waved) 

 

AOS

 

09/15/2016 EAD/AP Approved, Card in production, 09/23/2016 EAD/AP Received!

07/26/2015 Biometrics Notice Mailed (Appt 08/12/2015)

07/17/2015 NOA I-130/AOS/EAD/AP

Share this post


Link to post
Share on other sites

Canadians who enter by land via their passport are supposed to be issued an electronic I-94 now. This was not the norm years ago, but is generally an expectation now. If CBP swiped the travel document, it should have generated an electronic I-94 record. That said, it's absolutely not unheard of for them to to not swipe or stamp a passport.

If not issued an I-94, a Canadian is treated as D/S for terms of determining any unlawful presence. (https://asistahelp.org/wp-content/uploads/2018/10/USCIS-Interoffie-Memo-Consolidation-Guidance-Concerning-Unlawful-Presence-for-Purposes-of-Aections-212a9Bi-and-212a9C.pdf, page 25).

 

Your options now to AOS are:

1) File now and state that no I-94 was issued. USCIS tends to accept this for Canadians, but there is no guarantee and the burden if they challenge it falls on the applicant to demonstrate that they were inspected. So there is a bit o fa risk, but many people have done so successfully.

2) Stop by a CBP deferred inspection site and see if they can issue an I-94 now.

3) File a I-102 to try to find if an I-94 was issued or not (the website is not perfect...the lack of an entry does not absolutely mean there is none).

 

Personally, I would try #2 first if possible. Then #1. Number 3 is the least likely to be fruitful IMO (if it turns out they didn't actually issue an I-94, then this does not provide any progression and is a decent chunk of time and money sunk).

 

18 hours ago, Pickle_slushy said:

If she legally cannot work here, how can she provide sufficient income proof? I make enough to support her, but am I able to put my income and assets on there as well? I thought this is the point of the I-864 affidavit of support? 

She can't (unless her income source does not involve engagement in employment activities). Her sponsor (you) would need to demonstrate sufficient income/assets to convince the IO that she will not become a public charge.

She will provide a work history/field, education background, etc., which will be considered by the IO as well. See https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

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
- 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...