Canada Visit I485 RFE Please Help!!

G

gc_rfe_123

Registered Users (C)
Folks,

I recieved an RFE from NSC to submit I94 copy or a passport stamp copy of my return after visiting Canada.

Since i drove back from Canada, they did not issue a new I-94 or stamp on passport. I came back with in 2 days. So, i'm covered under 30 day revalidation rule.

My attorney is suggesting to give 2 affidavits for this.

Has anybody been through an RFE like this?.

Please help!!
 
Bharad1,

Thanks for this thread. It does look like giving affidavits is the best way to go.

What about your case?. Did it get approved after submitting affidavits?.

Thanks,

Rekha
 
canada trip

I wonder why the USCIS is asking about canada entry. I have entered from candada June 2001 using automatic visa revalidation as well. But my situation is complicated. I realized now I was out of status in f1(in 1997) and its creating a problem for AOS.My change of status to h1-b was approved though. I have talked to few lawyers some say my f1-status should not matter since my last entry is in June 2001 before applying I-485 and everything is clean after that. some say it might not be good enough to invoke 245(k) since I simply used I-797 approval and I-94 that came with it.

Do you guys have any idea. I looked at my I-485 form, the last manner of entry I have is f1. Isn't it supposed to be h1-b in my case. I have just given up hope.
 
gc_rfe_123 said:
Bharad1,

Thanks for this thread. It does look like giving affidavits is the best way to go.

What about your case?. Did it get approved after submitting affidavits?.

Thanks,

Rekha
Click to expand...

I actually only now received the RFE. As I've expected, its about the Canada trip. The exact verbiage is

Submit documentary evidence of your last lawful admission to the US on Dec 23, 2002. Such evidence may include, but is not limited to:

Copies of both side of your form I-94 reflecting your Dec 23, 2002 inspection and admission.

Copies of the pages in your passport ehich show US visas, Immigration admission stamps or other endorsements.

Is this similar to what you got? I do not have an I-94 or passport stamp from trip since it's usually not done on short road trips to Canada.
 
Can anyone who has faced this kind of RFE post a template of the affidavit they used?


Many thanks!

bHARAD
 
Bharad1,

Here is the description of my RFE

Please submit evidence of your retun to the U.S. after your departure to Canada on <Date> such as a copy of any new Form I-94 Departure Record issued to you, or an immirgration stamp(s) in your passport, or other such documentation. If no new documentation was issued to you by this Service upon your return, so state and briefly describe the duration of your stay in Canada and the date and location of your return

My attorney suggests that giving a couple of affidavis from friends/neighbour should be fine.
 
Yours looks different (and has a less menacing tone). How did they know you went to Canada?
My attorney wants me to submit a sworn affidavit saying I went to Canada, was inspected on return and no new stamp on I-94 or PP. He also plans to produce receipts
showing money spent in Canada during that time. He also doesn't want to mention in the affidavit that it's not common practice for a new I-94 to be issued for Canada trips.
Could you post what else you plan to submit, in addition to the affidavit...
 
Bharad1,

Me and my husband both went to canada in Dec 02. When we returned, my husband got a new I-94 card and a stamp in the passport. His I-94 was expiring in couple of months.

They did not issue a I-94 for me Coz my I-94 was valid for 2 years from that date. Also they did not stamp the passport.

There is an entry stamp in my passport into canada from Detroit but no return stamp.

This is why NSC wants information about my return.
 
Our 485s were approved - we got our PP stamped on Monday..

For anyone that faces this type of RFE, it looks like an affidavit along with whatever other proof you have is sufficient. I had the invoice from hotel we stayed in as well as a couple of credit card statements that showed purchases in Canada during that period, and charges in US before and after.

My attorney also mentioned that he has responded to this RFE with only an affidavit (if no proof is available) and gotten approvals...

Good luck!
Bharad1
 
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