Arrival date question, failed to surrender I-94.

[robnyc]

Hello,
I am a US citizen and sponsoring my wife for US permanent residency. She is a Canadian Resident. The question I have is that my wife failed to return her i-94 the last time she left the US by land. She then re-enter the US (by land) with the same I-94. In this case I do not know which date to put on the applications. Should I put the date when her last entry to the US was recorded (July 07), or the one when she entered for the last time using the same I-94 (August 07)? PLease help. I called Immigration and they said that the last Arrival date must match that of the i-94. If I put July 07, would Immigration know that she left end re-entered on August 07 with the same I-94?

Thanks.

 

[robnyc]

thanks, do you think Immigration won't know about her unrecorded entry in August. They did ask to look at her passport at the Canadian/US border. Or, do you think they scan the VISA and know that she entered the US that day?
I am a little worry that if I put July 07 on the forms when the day of the interview arrives they ask "we show an entry for you on our system of August 07, why did you lie and put July 07?"

 

[TheRealCanadian]

I am a little worry that if I put July 07 on the forms when the day of the interview arrives they ask "we show an entry for you on our system of August 07, why did you lie and put July 07?"

Put the date of her last entry, not the date on the I-94. The people on the phone are idiots and should not be relied upon.

 

[robnyc]

I am so confused now.. ?? Now the question would be "why didn't you record your last entry to the US properly and didn't return the I-94 the last time you left before that?"
Also I was just informed on another forum that I should not be filing for her adjustment of status if she entered the US in August with the intent to stay.. But we got married in January so I could not apply for Fiancee visa because we were already married.

 

[TNguy78]

I am so confused now.. ?? Now the question would be "why didn't you record your last entry to the US properly and didn't return the I-94 the last time you left before that?"
Also I was just informed on another forum that I should not be filing for her adjustment of status if she entered the US in August with the intent to stay.. But we got married in January so I could not apply for Fiancee visa because we were already married.

Being a Canadian Citizen living in the US - I have NEVER personally returned my I-94 card whenever I have left the US and have always used my current I-94 card as my authorization to be able to re-enter the US legally to live and work. My I-94 has always allowed "multiple entires" and that has been true whether they were for TN's or H1-B's.

Always enter the last physical time you were admitted into the US - whether you went in for secondary inspection or you simply showed your passport to the IO in the booth as you drove in. The question is very simple - when did you last enter the US?

 

[TNguy78]

Also I was just informed on another forum that I should not be filing for her adjustment of status if she entered the US in August with the intent to stay.. But we got married in January so I could not apply for Fiancee visa because we were already married.

Under what basis did they say this was true? Under what non-immigrant visa did she enter with her I-94 in August? One issue could be that USCIS might consider it fraud if she entered under a non-immigrant visa when in fact her intent was to immigrate. What visa is she on right now?

 

[robnyc]

Thank you.. The I-94 does say in the bottom

2007XXXX US-VISIT 2007XXXX MULTIPLE

I guess this means Multiple entries.
What about the other thing that she entered as a tourist, her I-94 has not expired and I am applying for adjustment of status for her.? Other people say that you cannot do this.

 

[robnyc]

Under what basis did they say this was true? Under what non-immigrant visa did she enter with her I-94 in August? One issue could be that USCIS might consider it fraud if she entered under a non-immigrant visa when in fact her intent was to immigrate. What visa is she on right now?

B2 tourist.

 

[Triple Citizen]

She is fine on both accounts. She did the right thing by not returning her I-94 as she had plans to re-visit the US before its expiry. Why pay the $6 fee again? Put the last entry date on the I-485, even if it does not match her I-94.

Now the question would be "why didn't you record your last entry to the US properly and didn't return the I-94 the last time you left before that?"

 

[robnyc]

She is fine on both accounts. She did the right thing by not returning her I-94 as she had plans to re-visit the US before its expiry. Why pay the $6 fee again? Put the last entry date on the I-485, even if it does not match her I-94.

thanks.. I feel much better now. The next thread I will start is how can she apply for her Canadian Citizenship after getting her US green card. I am sure you can help.

 

[Triple Citizen]

Why is help needed there? She stays in Canada for three years, applies for citizenship and continues to live there until she is naturalised. It is not rocket science. I moved to the US 2.5 years after becoming a Canadian citizen. Never had the two processes running in parallel.

The next thread I will start is how can she apply for her Canadian Citizenship after getting her US green card. I am sure you can help.

 

[robnyc]

Why is help needed there? She stays in Canada for three years, applies for citizenship and continues to live there until she is naturalised. It is not rocket science. I moved to the US 2.5 years after becoming a Canadian citizen. Never had the two processes running in parallel.

thats the problem.. In your case , you had been a Canadian citizen already before you came here. In her case, she is still a Canadian resident applying for residency in the US. What happens if we do both in parallel? She already has lived in Canada the time required to become Citizen.

 

[Triple Citizen]

Well then she should apply for Canadian citizenship today. It is averaging a year. Abandon the AOS plan and go for consular processing. By the time her interview in Montreal comes up, she will be real close to her naturalisation or perhaps even be a Canadian citizen.

 

[TNguy78]

thats the problem.. In your case , you had been a Canadian citizen already before you came here. In her case, she is still a Canadian resident applying for residency in the US. What happens if we do both in parallel? She already has lived in Canada the time required to become Citizen.

Doesn't she have to continue to be a resident throughout her naturalization process in Canada? Wouldn't moving (actually changing country of residence, not just visiting) to the US cancel her Canadian Citizen process?

 

[Triple Citizen]

TNguy78,
That is exactly why I am suggesting them to go the CP route.

 

[robnyc]

TNguy78,
That is exactly why I am suggesting them to go the CP route.

which seems more logical, however we have to be separated once again. With the I-131 she can go visit her family in canada, while waiting for the green-card and take care of the Citizenship there, can she?

 

[TNguy78]

TNguy78,
That is exactly why I am suggesting them to go the CP route.

I can see that - if you look at the times of the replies, I was in the middle of my reply when you replied. So basically you confirmed that she cannot go for Canadian Citizenship without residing in Canada for the duration of the filing. The CP would accomplish both of the OP's "goals" of Canadian Citizenship and US Permanent Residency. They would just live apart for about a year or so.

 

[TNguy78]

which seems more logical, however we have to be separated once again. With the I-131 she can go visit her family in canada, while waiting for the green-card and take care of the Citizenship there, can she?

If she's on I-131,
that means she's applied for I-485,
which means she currently living in the US,
which means she's no longer a resident of Canada,
which means she can't file for Canadian Citizenship.

At leaset that's my understanding of it.

You can't be considered a resident of two countries at the same time.

 

[Triple Citizen]

You make the call. Deep down you know which avenue is more secure and which one is flirting with possible danger.

which seems more logical, however we have to be separated once again. With the I-131 she can go visit her family in canada, while waiting for the green-card and take care of the Citizenship there, can she?