Entry date issue

E

ella04

Registered Users (C)
My question is about the trip to Montréal that I took when I was here on J1 visa (I came to US as an au pair and after a year I changed my status to B2). As my entry date on all the AOS forms I put the date when I came from my country on J1 visa, but I went to Canada for weekend when I was still on that valid visa and since it was for a short period of time (3 days), and my visa, IAP66 and I-94 was still valid, I’m pretty sure that the officer on the border (at the airport) didn't issue the new I-94, and definitely didn’t stamp my passport, only asked me why did I stay in Canada for only 3 days and welcomed me back. As far as know this is the standard procedure for somebody who goes to Canada from US on valid visa for period shorter then 30 days. Now I spoke to a lawyer and she says it may be a problem, because I didn’t put that date when I went to Canada as my entry date for AOS, also I don’t have any proof when I came back and how. I just never thought about it as leaving the country because I never got a stamp form the officer on my way back. The only stamp is on my Canadian visa when I was going through Canadian immigration. I don’t remember if they issued a new I-94 (I think they didn’t, but it was 6 years ago and I’m not positive), the lawyer says that this is bad too. I don’t even have a ticket or anything because it was so long ago and I never thought that I should keep it.
My interview is coming in a few weeks (marriage to USC), please help!
 
Anyone? What is your advice?

I actually found my eticket from that trip. Could this help?
And if they decide that the entry date that I put on all the forms is wrong, what would be the consequences?

It just sucks, because I never meant to lie or anything, I rememberd that trip 2 or 3 months after sending my AOS packet.

Please, help!
 
Last edited by a moderator:
Ok. First, please separate your future posts into several sentences and paragraphs. It is very hard to read when it is all together.

Second, you are making a bigger deal of this than it really is... The first time you entered you were on J1 right? and after the Canada trip you re-entered on J1 again right?

Third... I'd be 99.5% sure that you were not issued an I-94 when coming back from Canada and though I would mention the trip to the officer (and have proof) you need to FIND you I-94... you need proof that you entered the country legally, what else were you planning on showing as proof?
 
Thank you Praetorian! And I'm sorry about that post.

I sent my I-94 to INS when I applied for change of status from J1 to B2 6 years ago, and the only I-94 that I have is the one that I received from them when they had approved my B2 status. This is the one that I used with my AOS. So technically USCIS should have it somewhere. I know it was really irresponsible of me that I hadn't made copies, I really regret now, but what can I do?

My J1 visa, IAP66 and I-94 were valid when I was crossing the border, I was inspected, but how can I prove that I entered legally if I don't have a stamp in my passport and I don't have that I-94 anymore, but a new one?
 
you are fine. You did a Change of Status and it was approved, so that is proof you entered legally.

Your AOS should go along just fine.
 
Thank you Praetorian! My lawyer got me really scared and nervous.

What about me putting wrong entry date on AOS (my first entry on my visa, not the one back from the weekend in Canada)? Will I get in trouble because of that?
 
ella04 said:
Thank you Praetorian! My lawyer got me really scared and nervous.

What about me putting wrong entry date on AOS (my first entry on my visa, not the one back from the weekend in Canada)? Will I get in trouble because of that?
Click to expand...

Who knows... mention to the officer and he may just correct the form at the interview... do have enough proof with you (plane ticket), etc... plus all the information of the approval of your COS.

Don't worry, be happy.
 
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