Can my husband be deported? (split topic)

[omigog 3]

I'm just looking for the right forum to post and this may be it.

The heart of my question is whether or not my Canadian husband can be deported if we go ahead and file the I-130 and I-485 without an I-94#, A# or K-3 Visa. Technically, he is here as a Canadian visitor (which requires no I-94). He has never lived or worked in the US. We do not have a K-3 Visa. Everything we're reading says he's able to file the adjustment package as an immediate relative and he IS here legally. Here's more info.

After 4 years of dating and MANY US/Canadian border crossings to visit each other, I married my Canadian husband in the US in Sept. 2013. We went to Mexico for a 5-month honeymoon from Nov 2013 - March 2014. When we crossed the Mexcio/US border by land in March, we asked for an I-94 form for proof he entered the country legally. We even told them he was planning to file for his immigration. They told us a Canadian citizen does not need an I-94 to be in the country so they wouldn't issue one for us. Most of the documents we're filling out require an I-94 number and/or Alien registration number. We don't have either. (I've also searched for the i-94 electronically but get "not found" because they didn't issue one for us).

We've spoken with the USCIS by phone, an immigration lawyer as well as a local non-profit specifically chartered for immigration assistance. None of them seem too worried about the lack of this information. But, everything I'm reading online gives a huge warning about him filing paperwork from the US without a specific kind of visa. Now, I'm worried about deportation if we file the paperwork without it. I feel quite stuck. Help.

[Ontarkie 14,512]

~~Thread split from a similar topic, but needs it's own replies~~

[f&c 50]

You can file. There are many Canadians on this site filing for AOS without an I-94. My wife is one of them, although her situation is more complex. Your husband will be issued an A-number when USCIS accepts the forms. Once the AOS application is accepted, your husband will have a temporary legal status during the process.

[omigog 3]

f&c, I am SO grateful for your speedy reply AND your answer! Thank you!

We've been squeaky clean about every part of this relationship and process. But, the information about whether or not he is "here legally" is very confusing. Yes, he's here legally as a Canadian visitor. All of our many many border crossings over the years have been seamless. The conventional wisdom is that Canadians can be in the US for up to 6 months (although this is never stated anywhere). But, the fact that we're now married and that he has no "status" seems a bit scary. We've heard conflicting answers from many sources.

We're literally ready to mail our adjustment package (with sealed medical exam etc.). Just want to be sure we're not shooting ourselves in the foot because we didn't get a K-3 visa or anything. So, you're saying we can just go ahead and file? Where it asks for an I-94#, should we just say "none"?

[f&c 50]

I should have said "temporary authorized stay."

[f&c 50]

You're welcome. Yes, you guys can go ahead and file. We put "No I-94" where it asks for one. You may also want to include unofficial proof of entry, such as hotel reservations, receipts, etc...

Edited April 11, 2014 by f&c

[blest.but.strest 50]

I'm just looking for the right forum to post and this may be it.

The heart of my question is whether or not my Canadian husband can be deported if we go ahead and file the I-130 and I-485 without an I-94#, A# or K-3 Visa. Technically, he is here as a Canadian visitor (which requires no I-94). He has never lived or worked in the US. We do not have a K-3 Visa. Everything we're reading says he's able to file the adjustment package as an immediate relative and he IS here legally. Here's more info.

After 4 years of dating and MANY US/Canadian border crossings to visit each other, I married my Canadian husband in the US in Sept. 2013. We went to Mexico for a 5-month honeymoon from Nov 2013 - March 2014. When we crossed the Mexcio/US border by land in March, we asked for an I-94 form for proof he entered the country legally. We even told them he was planning to file for his immigration. They told us a Canadian citizen does not need an I-94 to be in the country so they wouldn't issue one for us. Most of the documents we're filling out require an I-94 number and/or Alien registration number. We don't have either. (I've also searched for the i-94 electronically but get "not found" because they didn't issue one for us).

We've spoken with the USCIS by phone, an immigration lawyer as well as a local non-profit specifically chartered for immigration assistance. None of them seem too worried about the lack of this information. But, everything I'm reading online gives a huge warning about him filing paperwork from the US without a specific kind of visa. Now, I'm worried about deportation if we file the paperwork without it. I feel quite stuck. Help.

He will not be deported, He will be assigned an A number once you file AOS for him. As a matter of fact if you file I-765 and I-131 concurrently with I-130 and 1-485 he will receive a work authorization permit (EAD) with which he can get a job and work and an advance parole travel document which he will need to re enter the USA if he goes back to visit Canada or any other country.

[Harpa Timsah 13,258]

OP:

Your husband entered as a Canadian visitor. That is a special agreement with Canada, and it means that people enter under the terms of a B2 visa without having to apply for one. They can generally stay up to 180 days legally.

He is in the US on a visitor status. You can file a concurrent I-130/I-485 package to seek a Greencard for him from within the US.

He does not have a I-94. And of course he does not have an A number, he is not yet an immigrant of the US, just a visitor. A numbers are issued to immigrants.

You will, however, need to prove that he entered the US legally. Do you have a stamp in the passport, proof of being in Mexico, anything on the USC's passport?

[Terry J 50]

I'm just looking for the right forum to post and this may be it.

The heart of my question is whether or not my Canadian husband can be deported if we go ahead and file the I-130 and I-485 without an I-94#, A# or K-3 Visa. Technically, he is here as a Canadian visitor (which requires no I-94). He has never lived or worked in the US. We do not have a K-3 Visa. Everything we're reading says he's able to file the adjustment package as an immediate relative and he IS here legally. Here's more info.

After 4 years of dating and MANY US/Canadian border crossings to visit each other, I married my Canadian husband in the US in Sept. 2013. We went to Mexico for a 5-month honeymoon from Nov 2013 - March 2014. When we crossed the Mexcio/US border by land in March, we asked for an I-94 form for proof he entered the country legally. We even told them he was planning to file for his immigration. They told us a Canadian citizen does not need an I-94 to be in the country so they wouldn't issue one for us. Most of the documents we're filling out require an I-94 number and/or Alien registration number. We don't have either. (I've also searched for the i-94 electronically but get "not found" because they didn't issue one for us).

We've spoken with the USCIS by phone, an immigration lawyer as well as a local non-profit specifically chartered for immigration assistance. None of them seem too worried about the lack of this information. But, everything I'm reading online gives a huge warning about him filing paperwork from the US without a specific kind of visa. Now, I'm worried about deportation if we file the paperwork without it. I feel quite stuck. Help.

Hi there,

I also believe you should be good to go ahead and file as many Canadians are in the same boat as your husband and they successfully completed AOS.

Even though we are not required to apply for a visa to enter the US, Canadian visitors are still coded under a visa category, either B2 (pleasure visitor) or B1 (business visitor).

Canadians don't usually get issued an I-94 but sometimes will get a CBP stamp in our passport. Was his passport stamped by any chance?

At each crossing our passports are supposed to be read electronically by the CBP officer. If they swiped your husband's passport on his entry into the US from Canada in 2013 or from when you returned from Mexico this year then you really need not worry.

On your I-485 form in the section referencing the I-94, I would write None Applicable or No I-94 as another previous poster indicated.

Best wishes to you

Edited April 11, 2014 by Terry J

[omigog 3]

Thank you all so much. The CBP at the Mexico/US border in March did not stamp our passports but did scan them. We do have our visas we we're issued going into Mexico in Nov. I'll include those in our AOS as an attachment.

Should I also include an attachment re: asking for the I-94 at the border and not receiving one?

[blest.but.strest 50]

Thank you all so much. The CBP at the Mexico/US border in March did not stamp our passports but did scan them. We do have our visas we we're issued going into Mexico in Nov. I'll include those in our AOS as an attachment.

Should I also include an attachment re: asking for the I-94 at the border and not receiving one?

No need to include Mexican visas in your AOS. Canadians are not issued I-94 when visiting. just put N/A where they ask for the number. If USCIS need more information/proof of his last entry they will ask you at the interview, just remember the exact date and location where he entered the USA, you should be fine. They might have him sign an affidavit at the interview stating that he legally entered the USA and got inspected by and CBP/DHS officer and that's it.

[Harpa Timsah 13,258]

The onus is still on you to prove that you entered legally. I do think that most of the times, if the passport is scanned, then everything is fine because there is a record. But if there is no record, it is your job to show proof. I have seen one Canadian AOS denied for lack of proof of legal entry. It may have been that that person really did just hide in the trunk of a car, but that person wouldn't say.

I think a Mexican visa, while not hard proof of legal entry back to the US, could help to corroborate your story. Good luck.

[f&c 50]

The onus is still on you to prove that you entered legally. I do think that most of the times, if the passport is scanned, then everything is fine because there is a record. But if there is no record, it is your job to show proof. I have seen one Canadian AOS denied for lack of proof of legal entry. It may have been that that person really did just hide in the trunk of a car, but that person wouldn't say.

I think a Mexican visa, while not hard proof of legal entry back to the US, could help to corroborate your story. Good luck.

Exactly right. We received an RFE for proof of legal entry. We resent an affidavit detailing the circumstances of her entry into the US. There is a record of entry, but USCIS won't request it from CBP. We filed a Freedom of Information Act request with CBP for my wife's entry/inspection from Canada into Niagara Falls record in December, but have not received an update yet. It takes forever! USCIS accepted our RFE response and my wife received her EAD shortly after. We will see if our IO will make an issue of it whenever we have our interview

[N&S 32]

This might be special with Canadian citizens but isn't there the small issue that they told the border patrol that he was planning to immigrate, meaning that he entered the US on the "vacuous" tourist visa extended to Canadians with immigration intent?

[f&c 50]

This might be special with Canadian citizens but isn't there the small issue that they told the border patrol that he was planning to immigrate, meaning that he entered the US on the "vacuous" tourist visa extended to Canadians with immigration intent?

Missed that. Good point, but they still let him in.