Canadian applying for a GC through marriage to a USC

[zooch76 9]

Hi Everyone,

I'm a Canadian citizen who will be married to a USC in the very near future. I've got a few questions that I'm hoping you guys can help out with:

1) I was going over the forms to apply for my Green Card and in a couple of spots they ask for the entry date from my I-94 as well as a copy of my I-94. However, since I am Canadian and last entered the USA as a visitor, I have no I-94 or passport stamp (Canadian citizens entering the USA as a visitor don't get a stamp or I-94). Will this be a problem? What should I put since I don't have an I-94 to refer to?

2) They ask for the city and state where I last entered the USA. I entered through Toronto Pearson airport - should I use "Toronto, Ontario" as my POE or is there a corresponding US POE (on actual US soil) I should use instead?

3) I entered as a visitor and have overstayed, even though I have no passport stamp/I-94 it has been over six months (again, Canadian citizens entering the USA as a visitor don't get a stamp or I-94). I've heard that "all sins are forgiven" when you marry a US citizen (at least things like an overstay) but I'm wondering if anyone has any experience or suggestions being in this situation?

Thanks for your help!

[canadian_wife 1,822]

Welcome to VJ.

Are you currently in the US? If yes, you can put N/A for the question regarding the I-94. If you are in Canada, then put none since you obviously have no reason to have an I-94

Put the city you entered in the US. Although you clear customs in Toronto, you do not enter the US there

If you are currently in the US and have overstayed, DO NOT leave the US. You can trigger a ban. Are you planning on leaving the US?

Good luck

[Inky 1,110]

This isnt a family based visa.

This is an adjustment from a visitor. If they deny you, there is no appeal and you have to leave.

You may want to check adjustment from visitor status. Because AOS based on family visa is not the same really.

Hope you filled out all the proper forms and papers. Not just the AOS papers.

[VanessaTony 3,567]

This isnt a family based visa.

This is an adjustment from a visitor. If they deny you, there is no appeal and you have to leave.

You may want to check adjustment from visitor status. Because AOS based on family visa is not the same really.

Hope you filled out all the proper forms and papers. Not just the AOS papers.

Agreed. The "proper forms" being the I-130.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a a visa other than a K1, K2, K3 & K4 which the prior forum is for**

[Krikit 1,164]

Hi Everyone,

I'm a Canadian citizen who will be married to a USC in the very near future. I've got a few questions that I'm hoping you guys can help out with:

1) I was going over the forms to apply for my Green Card and in a couple of spots they ask for the entry date from my I-94 as well as a copy of my I-94. However, since I am Canadian and last entered the USA as a visitor, I have no I-94 or passport stamp (Canadian citizens entering the USA as a visitor don't get a stamp or I-94). Will this be a problem? What should I put since I don't have an I-94 to refer to?

USCIS is aware of the special situation for Canadians. As Canadian_Wife says..... enter N/A here.

2) They ask for the city and state where I last entered the USA. I entered through Toronto Pearson airport - should I use "Toronto, Ontario" as my POE or is there a corresponding US POE (on actual US soil) I should use instead?

Toronto Pearson is a CBP POE Pre-clearance centre so you can go ahead and enter that. If you'd received a stamp it would have showed Toronto Pearson as your POE.

3) I entered as a visitor and have overstayed, even though I have no passport stamp/I-94 it has been over six months (again, Canadian citizens entering the USA as a visitor don't get a stamp or I-94). I've heard that "all sins are forgiven" when you marry a US citizen (at least things like an overstay) but I'm wondering if anyone has any experience or suggestions being in this situation?

The best advice is don't leave the US until you receive your greencard.

You'll want to visit the Canada Forum where you'll find many friendly and helpful Canadians who have all the Canada-specific information.

Welcome to VJ!

[Starburst 4]

Hi Everyone,

I'm a Canadian citizen who will be married to a USC in the very near future. I've got a few questions that I'm hoping you guys can help out with:

1) I was going over the forms to apply for my Green Card and in a couple of spots they ask for the entry date from my I-94 as well as a copy of my I-94. However, since I am Canadian and last entered the USA as a visitor, I have no I-94 or passport stamp (Canadian citizens entering the USA as a visitor don't get a stamp or I-94). Will this be a problem? What should I put since I don't have an I-94 to refer to?

2) They ask for the city and state where I last entered the USA. I entered through Toronto Pearson airport - should I use "Toronto, Ontario" as my POE or is there a corresponding US POE (on actual US soil) I should use instead?

3) I entered as a visitor and have overstayed, even though I have no passport stamp/I-94 it has been over six months (again, Canadian citizens entering the USA as a visitor don't get a stamp or I-94). I've heard that "all sins are forgiven" when you marry a US citizen (at least things like an overstay) but I'm wondering if anyone has any experience or suggestions being in this situation?

Thanks for your help!

I went through the exact thing last year.

I think everyone else has answered the questions pretty well so I won't. However I had the same problem about not having an I-94. What I did was, was write a sworn statement swearing I entered legally as a visitor, stated my entrance location and then included a copy of a plane ticket that DID had a stamp on it. The IO told me later that it was good I did

Good Luck and feel free to message me anytime with questions

/starburst

[BULLWINKLE 3]

Hi Everyone,

I'm a Canadian citizen who will be married to a USC in the very near future. I've got a few questions that I'm hoping you guys can help out with:

1) I was going over the forms to apply for my Green Card and in a couple of spots they ask for the entry date from my I-94 as well as a copy of my I-94. However, since I am Canadian and last entered the USA as a visitor, I have no I-94 or passport stamp (Canadian citizens entering the USA as a visitor don't get a stamp or I-94). Will this be a problem? What should I put since I don't have an I-94 to refer to?

2) They ask for the city and state where I last entered the USA. I entered through Toronto Pearson airport - should I use "Toronto, Ontario" as my POE or is there a corresponding US POE (on actual US soil) I should use instead?

3) I entered as a visitor and have overstayed, even though I have no passport stamp/I-94 it has been over six months (again, Canadian citizens entering the USA as a visitor don't get a stamp or I-94). I've heard that "all sins are forgiven" when you marry a US citizen (at least things like an overstay) but I'm wondering if anyone has any experience or suggestions being in this situation?

Thanks for your help!

How long have you been in the US for now? How long have you and your fiancee been together? You don't want it to appear that you had entered the US with the intent to marry. Remember, you entered as a visitor. So if you guys had started planning your wedding before you entered the States, I would be careful of that as it shows intent.. Good luck!

[Kathryn41 3,205]

If you feel concerned about entering 'NA' where it asks for the I-94, you can write 'Canadian visitor- no I-94" and they will understand that as well.

As Krikit says, make sure you don't leave the US until you get your green card. When you receive your green card through marriage, overstays are indeed 'forgiven' - but not before that.

[visacat 1]

This would also apply to people under the VWP as the online system is now working and they no longer issue you with an I-94