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Canadian Married an American Citizen (NEED ADVICE \)

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Filed: Other Timeline
Posted

I am an American Citizen and I just recently Married a Canadian Citizen. We got married on July 2013 in Mississauga Ontario and after we got married my wife crossed the border by land with her Canadian passport. (she was not given i-94 or stamp of entry).


At the border the patrol officer asked her why she is visiting and she stated she is going to visit nothing else was asked from her they scanned her passport and let her go through.

Our original plan was for her to come visit while I get the I-30 processed. However after getting some advice from a non profit organization they gave me the idea to file for an I-485 AOS.

Questions:

1: Is this something that can be done?

2: Will there be problems because I do not have an I-94 form due to the fact she is Canadian?

3: What can we do to make sure this is the right legal way of filing?

Filed: AOS (apr) Country: Canada
Timeline
Posted

As long as she only intended to visit and not stay here permanently when she crossed, its all good. an AOS will work. The big thing they look at is what was the intent when she crossed.

Adjusting from F-1
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received
09/03/2013 - NOA hard copies received

09/09/2013 - Biometric appointment letter received
09/23/2013 - Biometrics appointment (completed)

10/01/2013 - status online changed to "Testing and Interview"

10/28/2013 - EAD in production
11/06/2013 - EAD received
11/08/2013 - Interview/Approved with RFE for long form birth certificate

12/03/2013 - sent in birth certificate

12/14/2013 - got notification green card in production
12/24/2013 - Green card

Posted

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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