visa process duration and can I stay in USA?

[js0622 4]

Hi everyone,

I am so thankful for this helpful website.

I am a Canadian citizen who married an American citizen in Canada and moved to the US. We are doing all the immigration documentation on our own so it is difficult and can get confusing.

First I am going to summarize my immigration process so far.

• I came in as a treaty visitor from Canada and applied for i130 but not the i485.
• i130 finally approved but cant apply for i485 because visitor visa over stayed at this time (unintentionally)
• i130 documents and approval was sent to NVC and now I have to apply for the affidavit of support and continue the process

I have a few questions.

Which visa would I get?

How long does the process take?

Is it okay if I will be living in US until I have to go there for the interview or to pick it up in Montreal?

Once I get the visa do I automatically get a green card or do I have to apply for i485 still?

Thank you so much for you help!!

[Harpa Timsah 13,258]

?

Overstay is irrelevant for spouses of USCs who adjust in country.

You can file I-485.

Don't do anything with NVC.

Don't leave the US, or you will be banned from returning because of your overstay.

File I-485.

[Teddy B 17,252]

Exactly what Harpa said. File the I-485 and barring any problems, within about 5 months you should have your greencard. Do not leave the US until you do.

[js0622 4]

?

Overstay is irrelevant for spouses of USCs who adjust in country.

You can file I-485.

Don't do anything with NVC.

Don't leave the US, or you will be banned from returning because of your overstay.

File I-485.

Thank you for you reply.

But does USCIS need any kind of proof that I came in legally, because i drove through the boarder as a treaty and never got a stamp or an i-94, and when I went to ask for an i-94 to the boarder protection they said that they cant give it to me because i over stayed and basically I am here illegally?? And is it possible they will deny it because I overstayed the visitor visa?

[Harpa Timsah 13,258]

Not possible to be denied for overstay in your situation.

Yes, you need to show proof of legal entry. They understand that Canadians do not get I-94s (though you might check on the electronic I-94 database now). However, you should write up the details of your entry. If there is an issue then it is up to you to provide the proof, but there probably won't be a problem. Did they scan your passport when you entered?

[js0622 4]

Not possible to be denied for overstay in your situation.

Yes, you need to show proof of legal entry. They understand that Canadians do not get I-94s (though you might check on the electronic I-94 database now). However, you should write up the details of your entry. If there is an issue then it is up to you to provide the proof, but there probably won't be a problem. Did they scan your passport when you entered?

Yes the scanned my passport and I know they have it somewhere in the system that I crossed the boarder. But no stamp in my passport or I_94... Do you know if there is anything else entry related that I can provide as proof? Or should I write a letter explaining the situation?

Your replies have been a tremendous help! Thank you!

[NikLR 13,227]

~~moved to AOS from tourist, work, and student visa from ir1/cr1 process and procedures~~

[Harpa Timsah 13,258]

Yes the scanned my passport and I know they have it somewhere in the system that I crossed the boarder. But no stamp in my passport or I_94... Do you know if there is anything else entry related that I can provide as proof? Or should I write a letter explaining the situation?

Your replies have been a tremendous help! Thank you!

If they scanned it then you are good. Do write a letter, a little "attestation" that you came on such and such a date, where you crossed, etc.

Also check for en electronic I-94. They are online now and if you scanned your passport one may have been made. Google "electronic I-94" and the link should come up on the CBP website.

[Antre 11]

There are some nuances with adjustment of status for those who entered on Visa waiver Program. I remember my lawyer mentioned it once.

So double check it before you file I-485.

[wavj 26]

Yes the scanned my passport and I know they have it somewhere in the system that I crossed the boarder. But no stamp in my passport or I_94... Do you know if there is anything else entry related that I can provide as proof? Or should I write a letter explaining the situation?

Your replies have been a tremendous help! Thank you!

Same situation here, last time I entered USA was via airport and I do not have a stamp on my passport but they scanned it with the current visa back then. During the interview the IO asked me for the date of last entry to USA and I gave her the date I wrote in the forms.

[Harpa Timsah 13,258]

1. Canada is NOT on the VWP.

2. AOS from VWP is now exactly the same as any other, except there is no option for appeal.

[XXXYYYZZZ 20]

The I-94 is all electronic now. You don't need stamps in your passport to prove entry and exit to the US as it is all electronic. You can print off an electronic I-94 record from online.

https://i94.cbp.dhs.gov/I94/request.html

[js0622 4]

The I-94 is all electronic now. You don't need stamps in your passport to prove entry and exit to the US as it is all electronic. You can print off an electronic I-94 record from online.

https://i94.cbp.dhs.gov/I94/request.html

Yes but I have never received a i94 when entering or a stamp because I entered the US before it all became electronic and its not on the website. I was told that happened often with canadians crossing the boarder.

[Harpa Timsah 13,258]

Yes but I have never received a i94 when entering or a stamp because I entered the US before it all became electronic and its not on the website. I was told that happened often with canadians crossing the boarder.

Did you check on the cbp website? Sometimes all travel history is up there. As far as I understand, crossing at a land border doesn't always make an I-94, just like before, even though it is electronic now.

[js0622 4]

Did you check on the cbp website? Sometimes all travel history is up there. As far as I understand, crossing at a land border doesn't always make an I-94, just like before, even though it is electronic now.

Yep I checked... even spoke to the people that work there. I will write the letter like you suggested and if they ask for more I will go to the boarder protection office and ask for documentation