Canadian with no proof of entry

[inksmear 0]

Hi

I entered the U.S. a couple of weeks ago. Upon entering I said that I was going to visit my boyfriend for a few weeks. I did not receive a stamp in my passport or any papers. I was also not instructed that I had to be back by a specific date. The reason for my entry was merely to visit, but we decided to get married while I was here. I now want to apply for AOS. What is the right way to go about this? Will I have issues since there is no record of when I entered? I go back and forth between Canada and the U.S. very often, so they would know that I hadn't been here for longer than 6 months. I'm not sure if that will help. Any advice is greatly appreciated!

[fiestagirl 7]

You may have an issue. When we did our GC interview, the officer said it was a "common problem" with Canadians - that there is no legal proof of entry. I'm not sure how you fix that though. My passport got stamped every time I entered.

Also, i hope you don't run into problem if you married a couple weeks after you got here. Your intent upon entering is then questioned... why would you marry so fast? Was your intent to marry and immigrate (they'll ask you that). Not a great way to start things.

[inksmear 0]

You may have an issue. When we did our GC interview, the officer said it was a "common problem" with Canadians - that there is no legal proof of entry. I'm not sure how you fix that though. My passport got stamped every time I entered.

Also, i hope you don't run into problem if you married a couple weeks after you got here. Your intent upon entering is then questioned... why would you marry so fast? Was your intent to marry and immigrate (they'll ask you that). Not a great way to start things.

We've been together for years and have travelled back and forth between countries many times. Would the length and amount of proof for our relationship hold any weight? I didn't intend to get married, but we finally decided that we were sick of being apart so often. It just sort of happened. If we apply, and things don't go well, am I deported or would we just have to keep trying while I stay here?

[fiestagirl 7]

Sure, it's possible the length of the relationship would be added proof, it all depends on your intent when you entered. (and can you prove it - your explanation may suffice). When I first got here, we briefly saw a lawyer (actually not sure what he was) and he said we should not get married within the first 60 days of me being here because then it looks like you intended to immigrate. Your choice are to file an AOS while here (and don't leave) or go back home and have him file for you as his spouse.

I think a lot of scary stories are on here so don't get too scared but just be aware of what can happen. Someone else will come along with better advice though

[inksmear 0]

Sure, it's possible the length of the relationship would be added proof, it all depends on your intent when you entered. (and can you prove it - your explanation may suffice). When I first got here, we briefly saw a lawyer (actually not sure what he was) and he said we should not get married within the first 60 days of me being here because then it looks like you intended to immigrate. Your choice are to file an AOS while here (and don't leave) or go back home and have him file for you as his spouse.

I think a lot of scary stories are on here so don't get too scared but just be aware of what can happen. Someone else will come along with better advice though

You've been very helpful! Would it have been better to wait 60 days, even though that would be overstaying how long I originally told them I'd be staying? Seems like you can't win either way. Gee!

[Kevin&Jessica 3]

You may have an issue. When we did our GC interview, the officer said it was a "common problem" with Canadians - that there is no legal proof of entry. I'm not sure how you fix that though. My passport got stamped every time I entered.

Also, i hope you don't run into problem if you married a couple weeks after you got here. Your intent upon entering is then questioned... why would you marry so fast? Was your intent to marry and immigrate (they'll ask you that). Not a great way to start things.

as i posted in the thread below this one the 30-60 day rule could apply i did im suggesting to hire a lawyer at this point

thread is here thread below

[Harpa Timsah 13,258]

No, no, there is no need to hire a lawyer. You are not in trouble. As far as the no proof of entry, I would ask the Canada regional subforum. I am sure this comes up often. If you really had no intent to stay when you entered last time, then you shouldn't let other people make you feel guilty. It may come up in your interview, but you will just simply explain the story.

One more thing about AOS. You will not be able to travel back to Canada for a few months, until you have your travel permission papers called "advance parole" or your Green Card in hand.

[Kevin&Jessica 3]

No, no, there is no need to hire a lawyer. You are not in trouble. As far as the no proof of entry, I would ask the Canada regional subforum. I am sure this comes up often. If you really had no intent to stay when you entered last time, then you shouldn't let other people make you feel guilty. It may come up in your interview, but you will just simply explain the story.

One more thing about AOS. You will not be able to travel back to Canada for a few months, until you have your travel permission papers called "advance parole" or your Green Card in hand.

no explaining can take out the 30-60 day rule she may NOT have INTENTED it but she married within 30days saying no to a lawyer in any circumstance is not smart esp when the possiblilty of a denail is higher... not sure y u would offer this advice however i dont feel its the best advise here is y.

she stated she told them at point of entry she was only coming to visit,

she is already married in less than 30days of being here ???

yes id advise highly to at least consult a lawyer even if u dont retain them some legal advice would be a good idea

[ValerieA 350]

Don't worry about not having the stamp or I-94, this is fairly common with Canadians. You will just write N/A where it asks for your I-94 number. I wouldn't worry too much about intent; I was married to my husband when I came across the border and eventually decided to AOS because the CR-1 process wasn't working out.

[SaraDee 9]

I wouldn't worry so much about the proof of entry. I'm in the same boat and when I spoke to a lawyer she said that it was quite normal for Canadians not to have proof of entry in their passports. Did they scan your passport when you entered? If they did then that should be proof of your entry. I know they did mine. I have not had an interview yet so I'm not sure if it will come up but from all I have read and the lawyers I have talked to, it does not seem to be a problem.

As for the marrying before the 60 days, I was told by a lawyer that that was not a good idea. You may want to speak to a lawyer or two to prepare you in case it come up in the interview. Good Luck.

[Starburst 4]

I had no stamp as well, and I just wrote N/A, and then also wrote a letter to include with my AOS package explaining that I never got one due to being Canadian. Most Canadians do not get one.

Other posters are right that you shouldn't have gotten married so quickly, but it was either that, or end up with an overstay. Regardless, I would focus on making sure that you have enough evidence to prove your marriage.Get every single piece of evidence that you can think of. I would get many letters from friends stating you have a real marriage, or maybe even the people who witnessed your marriage. Also make sure that you have paperwork on hand to show that you have ties back home (so they don't think you came to the US to get married)

I don't think you'll need a lawyer. I think with a large amount of strong evidence, you should be okay. You can always visit one if you seem uneasy.

Just be prepared for lots of questions at the interview, and again I would make sure you obtain lots of evidence showing ties back home. A job? rent? house? bank accounts? Anything like that.

Also Do Not Leave the US under any circumstances.

Good Luck!

/Starburst

Edited September 24, 2010 by Starburst