Proof of physical presence for AOS (I-485)


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My spouse and I just filed for the AOS (I-485).

We were both physically present in the US when our lawyer sent the application by courrier (delivery by next morning guaranteed).

What I am concerned with is the fact that I, the dependent applicant, could not provide USCIS with an I-94 with my last date of entry, nor with my most recent passport stamp.

You see, I had this old I-94 that I wasn't asked to surrender when I crossed the border to Canada (by plane).

Then when I came back to the US (to file for the AOS) the immigration officer in Canada asked if I had an I-94 - I did and I presented it to him; which meant he did not give me a new I-94.

To top it off, even though he did stamp my passport with the date then, I could not submit a copy of that page of the passport since I had submitted my passport to the Canadian Consulate for reasons not important here.

So what I ended up sending to the USCIS in the AOS application were my next-to-last I-94, and that other I-94 that came on the bottom of my latest DS-2019.

We have duly stayed physically in the US on the day of filing (the day our lawyer sent the application) and the next day, as per their guidelines.

We actually stayed two additional days after the required 2 days.

So my concern is that the USCIS won't have enough evidence that I was indeed physically present in the US. Am I justified in being concerned about that?

(The principal applicant had a brand new I-94 so that wasn't an issue for my spouse)

I am hoping the USCIS can and will cross-reference data from the immigration officers' computers at ports of entry, because if they do they will of course see that I was indeed here in the US at the time of filing (as I had my biometrics and picture taken).


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I thought typical recommendation is to wait until the check is cashed for biometrics.

The latest information I have is that one needs to be physically present in the US only on the day of filing and on the day after. No need to even wait for the AOS receipt, let alone any checks being cashed.What I'm more concerned with is about how they check for physical presence and if my not sending a copy of my last stamp, and not ever having got an I-94 with my latest date of entry, would be any problem, or if they work closely with the border agents at the port of entries so that the USCIS can see what the border agents can see.

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