Canadians married to Americans

[radhika 0]

My husband is Canadian and I'm from the States. We're looking into immigration options for him. We spoke to a lawyer who mentioned if my husband got an I 94 card when crossing the border, then he could file for a K3 from the States instead of from Canada.

I know I 94 cards are not automatically issued to Canadians when they cross the border to the US as they are permitted to cross sans visa. Does anyone (a Canadian citizen) have any experience requesting and receiving this card as they cross the border?

Thanks!

[pushbrk 13,060]

My husband is Canadian and I'm from the States. We're looking into immigration options for him. We spoke to a lawyer who mentioned if my husband got an I 94 card when crossing the border, then he could file for a K3 from the States instead of from Canada.

I know I 94 cards are not automatically issued to Canadians when they cross the border to the US as they are permitted to cross sans visa. Does anyone (a Canadian citizen) have any experience requesting and receiving this card as they cross the border?

Thanks!

Start with the guides. My best guess is you misunderstood your lawyer or mistook his comments as being about a K3 visa when they were really about something else. Visas are used to enter a country. You don't apply for them when you're already in. Your options are not different because he's Canadian except that it's closer and easier to visit during the process. Click on the word Guides and follow the one that matches your situation. One is for if he's in the US with you now and the other if he isn't. We'll be here for remaining questions.

[Reba 2]

You cannot get a K3 from within the US, whether or not you have an I-94.

To enter the US with the intent of staying to apply to adjust is technically illegal as well, what your lawyer told you is risky, and your husband could potentially be deported and banned from re-entry.

Your best option is to start the petition now for a CR1 visa for him. It'll take about a year to process, and you'll be living in separate countries for that year, but it is the safest and most legal route.

As pushbrk said, read the Guides.