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Thread: A Question

  1. #1
    My wife ( US citizen, we have been married 5 years and living in Canada) has filed a I-130 and I had filed an I-765 EAD. When I came into the US from Canada, I did not receive an I-94 form.

    I just received a letter from USCIS that they said I "need an I-94 [(a)(9) Submit a copy of your valid un-expired I-94 Arrival-Departure Record showing your entry as a K3-K4 and/or a copy of your K3-K4 visa."

    I spoke with some USCIS immigration officers on the phone but get different opinions of what I need to do. One suggested a I-102 form and I-485 must be submitted.

    I'm confused and worried now.

    Please help me.

    Sam

  2. #2
    My wife ( US citizen, we have been married 5 years and living in Canada) has filed a I-130 and I had filed an I-765 EAD. When I came into the US from Canada, I did not receive an I-94 form.

    I just received a letter from USCIS that they said I "need an I-94 [(a)(9) Submit a copy of your valid un-expired I-94 Arrival-Departure Record showing your entry as a K3-K4 and/or a copy of your K3-K4 visa."

    I spoke with some USCIS immigration officers on the phone but get different opinions of what I need to do. One suggested a I-102 form and I-485 must be submitted.

    I'm confused and worried now.

    Please help me.

    Sam

  3. #3
    Guest
    Hi New2US,

    can you tell us the sequence of the events? Was I-130 filed while you were in Canada? US?

    EAD is available to people who are in the process of adjusting status, therefor I-485 has to be submitted.

  4. #4
    I drove my wife down to Las Vegas from Canada and was expecting to return there but there was so much pain in it that we decided I would file from here.

    In hindsight maybe we should have filed the whole package or maybe an I-129 (I think).

    I really feel like I screwed stuff up. I wonder if it can be corrected.

    Thanks for your kind reply

  5. #5
    IF YOU ARE AN HONEST GRINT, GO TO :

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  6. #6
    I'm sure someone else will post who knows more but... I don't think that you were supposed to enter the country while waiting on processing. When I-130 has been approved you'll get a notice for interview,etc. Filing the I-129f along with that may have been faster. Your intent was to immigrate so you need the I-94, etc. but that is moot I think since you should not have come into the US while waiting on processing... Starting over is probably your best bet but I'm not an attorney and Houston or someone more knowledgeable will post I'm sure.

  7. #7
    GOOD HONEST GRINTS VISIT WWW.IMMIGRATION.COM FOR REAL IMMIGRATION HELP AND INFO !!!

  8. #8
    What was the reason for not receiving the I-94? Because you're a Canadian citizen? When did you cross the border?

  9. #9
    What was the reason for not receiving the I-94? Because you're a Canadian citizen? When did you cross the border?
    Canadians who are visitors do not get I-94s whens crossing the border for visits. I have been back and forth to the US 1000s of times in my lifetime and have never received an I-94 pass.

    I crossed over the border in August 2005

    I show them my birth certificate and driver's license and then they wave you on.

    It is basically an open border between the two countries.

  10. #10
    I don't think that you were supposed to enter the country while waiting on processing.
    My intent was as a visitor. To drive my wife down to Las Vegas, return to Toronto and file papers from there. Everything was done in a rush.

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