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  1. #1
    Join Date
    Dec 2007
    Posts
    2

    Default Arrival Date Question, Failed To Surrender I-94

    Hello,
    I am a US citizen and about to sponsor 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, i-130 & i-485. 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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Arrival Date Question, Failed To Surrender I-94

    Put down the date of last entry.

    The concern I would have is that she may have misrepresented her intentions upon returning to the United States - she married you at some point in time, and decided to pursue a Green Card at some point in time - but if her visa is a nonimmigrant visa (and I'm assuming it was) she would have represented at the border that she did not have the intention to immigrate. So be careful with your documentation of her intentions. Unless she gets advance parole (and has not overstayed her visa), she should not leave the U.S. while the application is pending.

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