Simple questions about I-485 (for a Canadian)

[YuAndDan 153]

Just spoke to someone from USCIS over the phone (first time calling, I know from reading on here that they are not always right. She sounded smart though)

She told me that filing an I-102 will ge rejected because she does not have proof that she entered the country legally. Apparently when they scan your passport, they are only doing that to make sure it is a valid passport. Since she did not enter on a visa, she was not eligible for an I-94, she just came as a visitor from Canada, and its very easy to just come to visit.

She said that I can file the I-130 alone and see if it gets accepted. She said I have a good chance of that happening since I am a USC. After that I dont know, because I got disconnected (am trying back in a few minutes). She said to just write "N/A" for the I-94 questions.

She said if I try to file the 485 it will get denied because she cannot prove she entered the country legally.

She said to either file the I-130 alone or that she should return to Canada and come back on a visa that will give her a stamp on her passport and a I-94.

Very good idea, adjusting status is tricky for people who do use a visitor's visa to enter the country, and is more tricky for Canadians who enter without a visa.

File the I-130, and wait for either NOA1 and file I-129F if you want to do K-3. Or if you want to save a few $$ just stick with the I-130 path which results in a CR-1 visa interview, and a green-card as soon as the CR-1 is used to enter the country.

Be aware that Canadians can visit for up to 6 months with out overstaying their visa waiver, so be carefull to not be considered to be overstaying visit.

[tellemfred 0]

Can we apply for the K-3 while she is living here? The main point in all of this is that while she technically CAN return to Canada, she will have a very hard time living there now (for personal reasons that are not relevant)

Her 6 months will expire in mid-October

[payxibka 10,045]

Can we apply for the K-3 while she is living here? The main point in all of this is that while she technically CAN return to Canada, she will have a very hard time living there now (for personal reasons that are not relevant)

Her 6 months will expire in mid-October

Sure, but there is no guarantee that the process will be complete by the time her stay expires and should return to Canada. Also, the K-3 interview is held at the foreign consulate so a return trip is required....

[Lance27 19]

Can we apply for the K-3 while she is living here? The main point in all of this is that while she technically CAN return to Canada, she will have a very hard time living there now (for personal reasons that are not relevant)

Her 6 months will expire in mid-October

She can stay until just before her six months are up and then return back to Canada to wait out the rest of the process.

[tellemfred 0]

Can we apply for the K-3 while she is living here? The main point in all of this is that while she technically CAN return to Canada, she will have a very hard time living there now (for personal reasons that are not relevant)

Her 6 months will expire in mid-October

She can stay until just before her six months are up and then return back to Canada to wait out the rest of the process.

Oh ok so the process wont become void once she returns to Canada? It will continue on, she just cant come back until after her medical and interview in Montreal?

[tellemfred 0]

YuAndDan,

You have been very helpful today. Because of you, I now know that my situation is in serious jeopardy over something as stupid as an I-94. I am pretty sure now that after speaking with someone at USCIS, the I-102 would get denied since she did not enter on a visa, thus not needing an I-94.

I am beginning to think that filing the I-130 alone is the way to go if I want my wife to stay here with me while the paperwork goes through.

Do you suggest I go the CR1 route, or the K3 route? She will obviously return to Canada before her 6 months are up (October) to keep everything legal, but what do you think is the best way to do things?

*NOTE* I am not taking your word for anything else but advice. I know you are not an expert nor are you a lawyer (there, now I cant sue you )

[Killer_Clown_2009 0]

Fred, I am Canadian and entered the US as a tourist and then married my now husband her in the US. We had an extremely smooth adjustment of status. (Please ignore a lot of misinformation in this thread, ie" obtaining an I-94).

A> You put her address down as the one is residing at with you in the US.

B> You put "none" in the SS# box.

C> I put "did not receive I-94" as date I-94 expires, seeing as I didn't have a Visa or recieve an I-94.

D> I added a brief note to my application indicating that I entered the US from Canada as a tourist and that I did not receive an I-94 (they didn't even stamp my passport).

I had no proof that I entered the US "legally", however I doubt that they even consider that a Canadian would "sneak" across the border, otherwise they'd be giving all tourist Canadian's I-94s.

YuandDan has needlessly scared you and obviously don't know what the hell they are talking about. There is nothing "tricky" about this, it should be fairly simple and straightforward.

If you have any other questions, please send me a PM.

Edited August 3, 2007 by jane2005

[thetreble 19]

Fred- you should take into account Jane 2005's post. I also did the same thing and am Canadian. I came into the US to visit my boyfriend and he proposed. We got married and now have an AOS pending. Everything with our application is going just fine. We went to a lawyer and he advised me to adjust status and not return home to file K-3 as I would have no problem adjusting status. (we hope but we have to wait and see of course)

We are presently awaiting our interview and our application seems to be a-ok. I had no 194 as was said, Canadians do not get them NOR do we get stamps at the border. I kept the plane ticket I had from when I entered the US in March and made a photocopy of it. My lawyer said that was fine for proof of entry. Don't let people scare you off. It's not the easiest to adjust status from visitors status, but don't get scared from doing it.

[Killer_Clown_2009 0]

In Part 1, for her address, does she put her address HERE or in CANADA?

the US address.

For SSN do I write "none" or "n/a"?

none

Her status would expire 6 months from the date she entered, right? So if she came on April 15, I would write October 15?

You could do that or you could put "unsure', that's what I did and it caused no issues.

In Part 3, it asks for her name on her I-94. Do I write "none" or "n/a"?

I put "did not receive I-94, am Canadian", none would probably work

Place of last entry would be the city/state of the border she crossed?

Yes, in my case, I put Lewiston, New York, which was the city/state where I entered the US.

She does not have a nonimmigrant visa #, do I write "none" or "n/a"?

None

Same question for "Consulate visa was issued" and "Date visa was issued"

None

Edited August 3, 2007 by jane2005

[Killer_Clown_2009 0]

Yeah, don't worry about proof of entry. My passport was not scanned when I entered and I drove my own car, so I had no proof to show that I had entered the US legally.

It was a total non-issue at the interview. The immigration officer did not ask to see my passport or any other identification. I was not asked about intent at entry or to provide any proof to show that i entered legally. He just verified that i had entered on the date indicated on my AOS application and asked if I had left the US at all after that date and that was it.

Edited August 3, 2007 by jane2005

[jw07 0]

I am also Canadian,and the last time i entered,my passport was merely glanced at,wasn't even scanned. I have since gotten married to my USC husband,filed I-130,485,EAD,and AP. If i were you,i would not file the I-130 alone and wait for that to be approved before filing for AOS.Send everything together.

Every Canadian that has replied to you in this thread is correct

Oh-and another thing- once you are married,and especially after you have filed- her status will be pending and once her 6 months are "up" she will not be illegally overstaying,in fact if she were to return back to canada her case will be considered abandoned,and she would also have a hell of a time getting back in.File everthing,and it's all a waiting game-but do not have her go back to Canada,unless she files for and is granted Advanced Parole.

Edited August 5, 2007 by jw07

[thetreble 19]

Yep. Once you file for AOS, she can't go out of status unless you are denied and can't appeal the decision or something.