American Citizen who Married Canadian Citizen (NEED HELP!)

[OZZ 0]

Hello All,

I've stumbled across this great forum and can really use some help!

I am an American Citizen and married a Canadian Citizen back on July of 2013. Shortly after we got married we crossed the border from Toronto into Buffalo NY and flew from Buffalo Airport into GA where I currently reside. She entered the US just to visit me and I believe a Canadian Citizen is allowed to stay 6 months at a time.

Here is my dilemma:

1. Can I apply for an I-130 while she is here visiting me or does she have to go back to Canada and then I can apply? If I apply while she is visiting me where would her official interview take place?

2. I got some legal advice where I was told I can apply for an I-130 along with an I-485 AOS while she is here and that would be the "best" option. I tried to go ahead and fill out the form but came across needing information off a form called i-94 which she does not have because the border officer just looked at her passport scanned in the system and let her go. Also is this a legal option that she is just currently a visitor does that qualify her for AOS?

Please if anyone has gone through something similar like this or has any advice I would greatly appreciate it.

THANKS

OZ

[kmiami15 8]

Hello All,

I've stumbled across this great forum and can really use some help!

I am an American Citizen and married a Canadian Citizen back on July of 2013. Shortly after we got married we crossed the border from Toronto into Buffalo NY and flew from Buffalo Airport into GA where I currently reside. She entered the US just to visit me and I believe a Canadian Citizen is allowed to stay 6 months at a time.

Here is my dilemma:

1. Can I apply for an I-130 while she is here visiting me or does she have to go back to Canada and then I can apply? If I apply while she is visiting me where would her official interview take place?

2. I got some legal advice where I was told I can apply for an I-130 along with an I-485 AOS while she is here and that would be the "best" option. I tried to go ahead and fill out the form but came across needing information off a form called i-94 which she does not have because the border officer just looked at her passport scanned in the system and let her go. Also is this a legal option that she is just currently a visitor does that qualify her for AOS?

Please if anyone has gone through something similar like this or has any advice I would greatly appreciate it.

THANKS

OZ

I suggest to file for I130 while she is here.... she should not have a problem as long as she entered the country legally... her interview will take place in the area where you currently reside.... make sure to send enough proof... like bills together.. accounts etc... together with the other documentation the application asks you for.... consult a lawyer for official details...

I94 numbers are now electronic so here is the link.... if it does not work... just google "i94 electronic" and it should be the first or second link...

https://i94.cbp.dhs.gov/I94/request.html;jsessionid=JG4wSvLQ17vlB211HHRbdTpN6v4yKQHBvfg78VTstQzWSTwv9kMT!-1737567978

Edited September 10, 2013 by kmiami15

[OZZ 0]

Thanks for your input.

So you are saying I can file for an I-130 while she is here and she can stay here during the whole process? I have also been on that website for the I-94 and could not find anything for her when I entered in her information.

[Scoutmia 1]

In some cases they ask to provide I-94 if available. It. Doesn't matter if she entered legally or illegally, she married you a us citizen so that makes a visa number inmediately available for your relative. Go ahead and file the AOS.

[Harpa Timsah 13,258]

If you want to file AOS then you do this. http://www.visajourney.com/content/i130guide2

It's a lot more than just a I-130.

Canadians don't get I-94s. Put "N/A Canadian Visitor" on the parts that ask for I-94 number.

[OZZ 0]

Harpa,

I've actually already filled out the I-130 and the I-485 and so far left the I-94 part blank because I was not sure what to put there.

I've also looked in the link you attached and the part that concerns me is this:

"if you are already married, and your spouse came to the US on a tourist Visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should filed with the relative outside of the U.S to avoid denial, deportation, or even being banned from re-entry to the US."

I believe she entered in as a tourist by Land and did not need a visa because she is Canadian. Her intent was to come visit me after we got married and was going to go back and I was going to file for an I-130 but after getting advice we were told we can file for an AOS.

So overall do you think it would be a problem if we did the AOS.

Thanks everyone for their advice just trying to cover all of our bases and make sure we are doing everything correctly!

[Harpa Timsah 13,258]

So you say her intent was not to move to the US on a tourist visa so you can file.

[kmiami15 8]

I suggest to file for I130 while she is here.... she should not have a problem as long as she entered the country legally... her interview will take place in the area where you currently reside.... make sure to send enough proof... like bills together.. accounts etc... together with the other documentation the application asks you for.... consult a lawyer for official details...

I94 numbers are now electronic so here is the link.... if it does not work... just google "i94 electronic" and it should be the first or second link...

https://i94.cbp.dhs.gov/I94/request.html;jsessionid=JG4wSvLQ17vlB211HHRbdTpN6v4yKQHBvfg78VTstQzWSTwv9kMT!-1737567978

I just read your entire post like three times.... I was confused with someone who entered the US legally and then got married here... I thought for some reason you both got married here in the states while she was here.... In this case that you got married in Canada and then entered the US on a tourist visa, and want to adjust status here while on a B2 (tourist visa) it is a little bit dangerous.... the officer will ask if you she had the intent of staying here while she entered under the B2 visa and this can lead to the adjustment of status to be denied.... it is illegal to enter the US with the purpose of adjusting the status here....

To be honest, it might be safer for her to return home and you can file I130 while she is in Canada and once she enters the US then adjust status... that way there is also record of legal admission into the country and not like now that you don´t know or cannot find the information for the I94..... maybe another person that has gone through this situation can help you a little bit more....

She can definitely visit you while the I130 is pending but in that case I would also recommend short periods of stay for "vacation" purposes.... Have you consulted a lawyer??? There are many out there that would give you free consultations.... try going to a few and see what they say.... I am not a lawyer so I am limited on the suggestions I can give you...

[kmiami15 8]

So you say her intent was not to move to the US on a tourist visa so you can file.

As long as you can convince for officer of that... but you were already married and then came to "vacation" in the US??? It depends if you have proof that she had intentions of going back and can convince the officer of this...

This is a scenario similar to coming to the US on a B2 visa and then getting married here and file of AOS.... did you have the intention of coming to the US to get married? If not, how can you prove that?.... just be careful ....

[kmiami15 8]

If you want to file AOS then you do this. http://www.visajourney.com/content/i130guide2

It's a lot more than just a I-130.

Canadians don't get I-94s. Put "N/A Canadian Visitor" on the parts that ask for I-94 number.

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

[Harpa Timsah 13,258]

It doesn't matter f you are already married or not. It has to do with immigration intent upon entering the US. That being said, intent by itself is not a reason to deny an AOS.

But the place of your marriage has nothing to do with it.

[newacct 688]

Doesn't matter if she entered legally or illegally, she married you a us citizen so that makes a visa number inmediately available for your relative. Go ahead and file the AOS.

What do you mean by "entered legally or illegally"? If you mean illegally as in sneaking across the border, it does matter. She would not qualify for AOS if she entered without inspection.

Edited September 10, 2013 by newacct

[Scoutmia 1]

I've met several people that entered the country without being paroled and got married and got through all the process and now are US Citizens

[Harpa Timsah 13,258]

I've met several people that entered the country without being paroled and got married and got through all the process and now are US Citizens

Laws are different now. Anyone who entered without inspection cannot adjust status unless they had an immigrant petition filed for them before 2001.

[ValerieA 350]

Use the guide that Harpa provided. You will be OK. As mentioned, Canadians rarely get an I-94, and Intent is not an issue. It takes 3-5 months from filing to getting your green card. Do NOT let your spouse leave the US for any reason until you have either the AP or the green card itself.