Do I even need a K1 as a Canadian?

[Kez/JWolf 6]

There are many Canadians who file for AOS without I-94.... you have a B2 visa that is your evidence that you entered the country legally.... go get married and file ASAP and get your AP and then you are all set for your plans...

Good Luck

Kezzie

[Kajikit 65]

You seem really fixated on this Carribean thing... why is it so important to you to be married THERE? There are beaches and resorts aplenty in the US - you could be married in Florida or Hawaii... it just seems to me that since you are already legally present in the United States with your fiance, you have something that most of the people on this board have fought hard for, so why jeopardise it? It's August - if you married him in front of a JP next week and applied for AOS/AP right away, you should have the permission you need to leave the country safely by January. Then you could have your big 'destination' wedding and all the hoopla you wanted without risking a ban or eviction from the US.

[Buttons 0]

You seem really fixated on this Carribean thing... why is it so important to you to be married THERE? There are beaches and resorts aplenty in the US - you could be married in Florida or Hawaii... it just seems to me that since you are already legally present in the United States with your fiance, you have something that most of the people on this board have fought hard for, so why jeopardise it? It's August - if you married him in front of a JP next week and applied for AOS/AP right away, you should have the permission you need to leave the country safely by January. Then you could have your big 'destination' wedding and all the hoopla you wanted without risking a ban or eviction from the US.

GOOD POINT

[am1996 0]

There are many Canadians who file for AOS without I-94.... you have a B2 visa that is your evidence that you entered the country legally.... go get married and file ASAP and get your AP and then you are all set for your plans...

Good Luck

Kezzie

I just checked my passport and the last stamp there is from January (my previous trip). I last entered the country in April, so they didn't even stamp my passport then. I am sure that it is all in their system, but am I allowed to file for AOS and AP (can I file these simultaneously?) without any documentary evidency of my B2 status?

P.S.

Kezzie, just in case it's not already obvious, you just made my day and, for that matter, my year!

[Buttons 0]

am1996 -- Just to let you know I think that Zyggy was a CBP officer ???? If I'm wrong I'm sorry but I'm sure I have read that before on here and all the advice he has given me on crossing has been DEAD ACCURATE !!!!!!!!!

[am1996 0]

You seem really fixated on this Carribean thing... why is it so important to you to be married THERE? There are beaches and resorts aplenty in the US - you could be married in Florida or Hawaii... it just seems to me that since you are already legally present in the United States with your fiance, you have something that most of the people on this board have fought hard for, so why jeopardise it? It's August - if you married him in front of a JP next week and applied for AOS/AP right away, you should have the permission you need to leave the country safely by January. Then you could have your big 'destination' wedding and all the hoopla you wanted without risking a ban or eviction from the US.

As I've previously posted, there is a very good reason that a specific country in the Caribbean was chosen. We can't easily change destinations.

As for the AP, I did not realize that I could get it done by the end of the year. The question now is whether I am allowed to file for all that good stuff without a I94 and without any documentary evidency of a B2 status.

Edited August 4, 2006 by am1996

[zyggy 9]

That's all fine and good... but be aware of this...

When one is applying entrance to the USA, you leave your legal rights at the door. The INA allws the CBP officer to be judge, jury and executioner when determining who is permitted in the US and who is not. All the case citations and legalese that you apply at the border is not going to amount to a hill of beans. If the CBP doesn't want you in, they're not going to let you in and there is no one to get or force them to change their decision.

With all due respect, this is incorrect. You certainly have a number of legal rights that are clearly defined in the statutes as well as in case law. If you specific situation is governed by one of these, the border patrol officers are given no discretion in the matter and the officers' desire to take law into their own hands can have rather severe consequences for them.

It is certainly true, however, that many situations fall in the gray area and, consequently, border patrol officers are given REASONABLE discretion under the law to make a number of important decisions. Once again, the discretion than they have under the law that we are aware of is "reasonable" rather than "sole and absolute," which has a number of important legal implications for them as well as for us. In the event that they are deemed to have abused their discretion, the consequences for them can be quite severe.

I'm afraid I don't read where it states "reasonable" in the INA. It just states at the discretion of the officer. THe CBP officer does not need to make a reasonable determination. If it's his feeling that you are lying, being mistruthful, or in any way shape or form not eligible to enter the US, then you aren't getting in. And it's completely up to one person on what evidence to accept, how its interpreted, and how the INA is interpreted. The law is written to keep people out and leaves the decision on who get's in up to the CBP officer and only the CBP officer. The only individual a CBP officer can't deny entry to by law is a US Citizen.

Yes, it is certainly always possible to run across a border patrol officer who thinks that all the case citations and statutory authority are a "hill of beans" or less. It is just as possible to be pulled over by a police officer who thinks that all your consitutional rights don't amount to much more than that. In either case, you will be in a boatload of trouble and all the subsequent disciplinary actions levied against the officers and/or potential civil rights lawsuits against them won't reverse the grief that they'll end up giving you. I happen to believe, however, and my experience tells me that the vast majority of the people out there, including border patrol and police officers, are decent people who really want to do the right thing. So, all I can do is make sure that my approach is fundamentally legal and sound (which is the reason that I posted here in the first place and will also double check with a lawyer on this). If that's the case, all I can do is hope that I don't happen to run into a rogue border patrol or a police officer or, for that matter, any other law enforcement officer who doesn't care about the law.

This is where your logic falls flat. Once you enter the US, the decisions of law enforcement officers are subject to judicial review. At a POE, the INA took away any judicial review in regards to entry to the US and leaves the decision of who get allowed entry to the US to the CBP officer. So if a CBP officer denys you.. it doesn't matter.. you can complain all you want, but their decision stands.

CBP officers do care about the law.. it's their responsibility to enforce the INA. If it were me and you came before me, I would deny you entry for the reasons I have given and the INA backs me up on that decision. What you don't seem to understand is that there is no higher appeal power you can go to when your standing at the POE. The only power is in the hands of that CBP officer in permitting entry or denying it. I'm sorry that you don't get that...

You seem to think by quoting case law and other stuff is going to get you through. Sorry, but once a decision is made.. it's made and there is no appeal. Only you getting escorted to either a plane to Canada or a detention center to await removal to Canada.

I was not some rogue officer.. the INA is written to prevent individuals who have immigrant intent from getting in the door. CBP are the doorkeepers. No matter what some people think on here.. the CBP is there to enforce the law and some people on here don't think that the law should apply to them.

[Kez/JWolf 6]

The rules about being here legally are that you were inspected at a POE so if you were checked at the border and waved through then yes you were ispected and are here legally.... if you swam across a river or were hidden in the back of a truck then no you could not do what you need to do now....

You are canadian and many many canadians cross the border eveyday without getting a I94 or a stamp in there passport in fact I beleve all you need is your Canadian Drivers Licence and something with your address... I may be wrong...

For doing the AOS you would include a leter epaining your entry to the USA giving your point of Entry and the Date....

if you can get yourself organised and get married asap there is no reason why you would not be able to have your AP before the end of the year....

Here is a link to the guide that will help you through the process....

http://www.visajourney.com/forums/index.ph...page=i130guide2

I also did AOS from a tourist visa and it took 181 from start to finish.....

Kezzie

[zyggy 9]

You seem really fixated on this Carribean thing... why is it so important to you to be married THERE? There are beaches and resorts aplenty in the US - you could be married in Florida or Hawaii... it just seems to me that since you are already legally present in the United States with your fiance, you have something that most of the people on this board have fought hard for, so why jeopardise it? It's August - if you married him in front of a JP next week and applied for AOS/AP right away, you should have the permission you need to leave the country safely by January. Then you could have your big 'destination' wedding and all the hoopla you wanted without risking a ban or eviction from the US.

As I've previously posted, there is a very good reason that a specific country in the Caribbean was chosen. We can't easily change destinations.

As for the AP, I did not realize that I could get it done by the end of the year. The question now is whether I am allowed to file for all that good stuff without a I94 and without any documentary evidency of a B2 status.

Sure... you can get married by a JP and file for the forms now. Just where it asks for an I-94 number, just state "Canadian Citizen". and for the date just put down the date that you entered the US. USCIS knows that Canadian Citizens are not issued I-94's when they enter the US and knows how to deal with your situation.

I wish you nothing but the best of wishes and luck...

Edited August 4, 2006 by zyggy

[no name 1]

"Further, as a Canadian, while I am still generally subject to the same laws as all other foreign nationals when it comes to a number of situations, my ACTUAL burden of proof is quite a bit lower than it is with other foreign nationals. As with everything else, there are quite a few exceptions to the rule but, from what I know right now, the odds are that my approach should work."

I bet there's quite a few Canadians on here that would not have the same opinion. They're, shall we say, REALISTIC...

You are risking a lot for a freaking island wedding. You're risking a 10 year ban on entering the US? Geez, get over yourself & your corporate high powered lawyer fiance & listen to a former CBP. I see he still is trying to HELP you even though you think you know better than he does.

Shocking.

Everyone I know on here is here FOR LOVE - we don't care if it's city hall or a big church wedding. We won't risk our futures for a beach.

Edited August 4, 2006 by devilette

[diadromous mermaid 36]

Where was it suggested that you immigrate to Canada?

Please see Kathryn's post above.

I believe, if I am reading correctly, that it was said tongue in cheek.

You can't get AP/LPR if you are not already married! Please read carefully.

I realize that. We can get legally married in the US tomorrow, if it would help us get the AP/LPR before the end of the year (the wedding is scheduled for the second week of January). My undderstanding is that it would be possible for us to get AP before the end of the year but that it was also extremely possible that it wouldn't happen by then. We can't proceed under such uncertain terms

Now, it's January? How can you avail yourself of tax benefits for the calendar year 2005, if, indeed, you are not going to marry until January 2007. This is getting more absurd by the moment! Am I the only one that is wondering about the veracity of the OP?

Edited August 4, 2006 by diadromous mermaid

[no name 1]

Now, it's January? How can you avail yourself of tax benefits for the calendar year 2005, if, indeed, you are not going to marry until January 2007. This is getting more absurd by the moment! Am I the only one that is wondering about the veracity of the OP?

see my reply above!

[TracyTN 237]

Am I the only one that is wondering about the veracity of the OP?

and

[am1996 0]

Woo hoo, I knew that there was a reasonable solution to all this! I guess we're getting legally married on Monday (not very romantic but if that's the only drawback to this approach, I'll get over it). Thank you all SO MUCH!

Now, it's January? How can you avail yourself of tax benefits for the calendar year 2005, if, indeed, you are not going to marry until January 2007. This is getting more absurd by the moment! Am I the only one that is wondering about the veracity of the OP?

There is no need to rude replies. The original plan was to get legally married in the US before the end of the year (so we'd be able to file a joint tax return for '06) and then have a ceremony in the Carribean in the second week of January.

Now it looks like we're getting married on Monday!

[diadromous mermaid 36]

Am I the only one that is wondering about the veracity of the OP?

and

:lol: