My case

[Confused Canuck 0]

Just wanted to tell everyone about my case. It's kinda different. Wondering if anyone is going thru this too?

My wife is a US citizen, I am a Canadian citizen. We got married in Lewiston, NY. We knew that if I was to stay in the States after the wedding, I would have to wait a long time to get a work authorization. So, we decided to apply for the K-3 visa. I was working in Canada and the Border Patrol always let me cross to the US whenever I wanted. They gave me no problems. I don't have a passport yet, so I used other ID to get in. One night, after I had crossed, I discovered that my I-130 had been approved. My wife and I decided that I should just remain in the States and adjust status. Even though I can't prove that I crossed legally (no passport) I doubt it will be a major issue with USCIS. I know there is a risk that I may be accused of visa fraud, but I'm not worried because it wasn't my intention to stay in the US when I crossed.

We spoke to a lawyer, told him the whole story, and we are going thru with the AoS. I can apply for a Passport while I am here, and I need to do a few other things, but everything seems to be going fine. The only thing is, I have to remain in the US, so I had to quit my job. We figured that it would only be a few months after we send in the forms that I can get a work permit. I refuse to work illegally while I am here. So, it's just a matter of waiting to get the information for the forms, and I hope everything goes smoothly.

Is anyone going thru a similar situation? Does anyone think I will have a very hard time explaining that I didn't know that my I-130 had been approved before I crossed?