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**New2US** · 03-01-2006, 11:58 AM

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

03-01-2006, 01:17 PM

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.

**New2US** · 03-01-2006, 03:32 PM

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

**ImmortalE** · 03-01-2006, 03:50 PM

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**spring** · 03-01-2006, 03:53 PM

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.

**ImmortalE** · 03-01-2006, 04:26 PM

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

**marmaduk** · 03-01-2006, 04:31 PM

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

**New2US** · 03-02-2006, 06:24 AM

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.

**New2US** · 03-02-2006, 06:30 AM

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.

**spring** · 03-02-2006, 10:40 AM

Evidently your intent was to immigrate. You just initially planned on filing the papers from Toronto. You technically entered without inspection. Therefore you will not be able to adjust status here. You will have to go through waiver process after being denied status adjustment or you will need to return to Canada and file papers from there. Maybe someone else will comment but that's certainly how it appears to me.

**ImmortalE** · 03-02-2006, 11:00 AM

HONEST GRINTS VISIT WWW.IMMIGRATION.COM FOR IMMIGRATION INFO AND HELP !!!

03-02-2006, 11:39 AM

Here is how it looks to me:

- USCIS got confused on what grounds you were asking for EAD (since you did not file I-485).

In your situation I would:
1. file I-485.
So far, Canadians have been able to get away without having I-94, since it is well known that in most cases when they eneter as non-immigrants, they don't receive one. A copy of passport as an evidence of canadian citizenship has been sufficient.
2. Respond to the USCIS letter submitting the receipt for I-485
3. Keep fingers crossed

You can also first file I-102 for the issuance of I-94 and then I-485.

(I assume your wife filed I-130 while you were both in the US, correct?)

**dragonlady** · 03-02-2006, 11:53 AM

Hey NEW2US - welcome from another fellow Canadian. You didn't s c r e w up. Not getting the 1-94 is no big deal (although sugarpuff, among others, will flip out because they don't believe me about just crossing and going on with life.) You did not enter without inspection. You did not come in illegally. You can stay in the US for six months. Never mind about your "intent" - only the one up above knows what you were thinking and you are married to the person. Here is some information for you.

I suggest you get multiple copies of your birth and marriage certificates. (Sending for them from the US is a pain) Also get a passport - and keep it current - If you decide to take on citizenship (US) you can keep your Canadian citizenship.

Your closest US consulate for what you need is in Montreal.

Hope this helps. You will be okay - there is lots of fear mongering here. You can be in the US - one of the joys of being Canadian!!

August 14, 2001 (Rev.)

INS Implements the "K" Nonimmigrant Visa Provision of the LIFE Act

WASHINGTON –– To reduce the separations immediate family members of U.S. citizens may experience while waiting abroad for an immigrant visa, the Immigration and Naturalization Service (INS) is implementing a new K nonimmigrant visa provision, which was published as an interim rule in today's Federal Register.

The rule expands the K visa status, currently available to fiancÃ©(e)s of U.S. citizens, to include the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the spouse's children. This will allow them to enter the United States as nonimmigrants, re-unite with their family here, and then apply for immigrant status while in the country. It is one of several immigration benefit provisions created by the Legal Immigration Family Equity Act (LIFE Act) enacted last December.

Under this new nonimmigrant visa classification, spouses of U.S. citizens may be granted K-3 nonimmigrant status, and the spouse's unmarried children (under 21 years of age) may be granted K-4 nonimmigrant status. Obtaining a K-3/4 visa is not required, however. Spouses of U.S. citizens and their children may skip applying for a K visa and directly obtain their immigrant visa abroad from the Department of State.

For those who wish to take advantage of this new provision, to be eligible for a K-3 nonimmigrant visa, an applicant MUST:

* Be the spouse of a U.S. citizen;
* Have a Form I-130 (Petition for Alien Relative) filed on his/her behalf by his/her U.S. citizen spouse, that is pending;
* Have a Form I-129F (Petition for Alien FiancÃ©(e)) completed and submitted on his/her behalf by his/her U.S. citizen spouse to:

U.S. Immigration and Naturalization Service
P.O. Box 7218
Chicago, IL 60680-7218
(Note: The INS must approve the Form I-129F before the beneficiary becomes eligible to apply for the K Visa from the U.S. consulate abroad.); and
* Submit a completed Form I-693 (Medical Examination) when he/she appears at the consulate to apply for the K-3 visa from the Department of State.

To be eligible for a K-4 nonimmigrant visa, an applicant does not need a separate Form I-130 or a Form I-129F filed on his/her behalf. The K-4 applicant MUST:

* Be an unmarried child (under 21 years of age) of a K-3 visa applicant or holder;
* Submit a completed Form I-693 (Medical Examination) when he/she appears at the consulate to apply for the K-4 visa.

Applying for Immigrant Status
The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form I-485 (Application for Adjustment to Permanent Residence). A K-4 nonimmigrant must have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent and must file a Form I-485. K-3/4 nonimmigrants will become lawful permanent residents and receive their Green Card when both the Form I-130 petition and their Form I-485 application have been approved.

K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment of status and may wait in the United States until they must appear at the consulate for their visa interview.

Employment Authorization
K-3/4 nonimmigrants may also apply for authorization to work in the United States while they wait for their immigrant status. To do so, they must submit a completed Form I-765 (Application for Employment Authorization) along with the $100 application fee to the INS post office box (P.O. Box) address specified above for filing the Form I-129F.

Additional information and application forms regarding the K visa and other LIFE Act benefits are available on the USCIS Web site www.USCIS.gov (forms can be downloaded from the site), or by calling the INS toll-free customer telephone service: 1-800-375-5283. Also the Department of State at http://www.state.gov/ is very helpful.

03-02-2006, 12:05 PM

Dragonlady: - I think it would be smarter to deal with the situation from within the US (AOS) than returning to Canada and go through the consular processing (K3, IR-1). His 6 months authorised stay is over, so he is officialy overstaying...

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