Possible EWI Problem?

[Infantry Grunt 0]

That's gotta be it.

My GPS will save the last ten addresses you went to, but will automatically recalculate a new route from your current position, not save the actual routes themselves. But that's gotta be it, we both remember that

[Kathryn41 3,205]

Just adding my voice to the chorus - your base immigration person doesn't sound at all familiar with the process at the Canadian border. You will probably be able to educate them on Monday. Canadians and Americans enjoy a unique border relationship. With appropriate identification each can cross into the other's country at the border check points without any special visa or stamp as long as they do not have a special immigration situation (business, immigrant, worker, previously denied visitor, overstay,etc.). They are not part of the visa waiver programme because there is no visa required to be waivered. A Canadian is considered inspected when they cross at a border check point regardless of whether they sign anything or are just waved through. Just entering "entered at XXXPOE as Canadian visitor - no I-94s issued" is all the explanation you need to address on POE.

Your wife has very good proof that she had no intention of getting married and remaining in the US when she crossed the border with her insurance extensions. As a Canadian she is legally allowed to be in the US 180 days without any sort of special permit, visa, etc. but she does need to cross back into Canada IF she is maintaining a visitor's status. Since you are now married, you are not interested in maintaining a visitor's status. You want to change her status from visitor to a permanent resident, and you do that by filing a Spousal Sponsorship petition (I-130) and an Adjustment of Status application (I-485). Download these forms at http://www.uscis.gov and read through the directions. You will need some additional documents to support both of them (ie. a medical, security checks from Canada -this may take a while so start it asap-, long form birth certificate, passport, affidavit of support from you including tax statements, etc). You submit both of these together with the appropriate payment, include the applications for Advance Parole (I-131) and Employment Authorization - EAD - I-765 (I think that is the correct form number). The AOS may take between several months to 2 or more years to process. Your wife cannot leave the US without either her approved green card (AOS) or approved Advance Parole (AP). The AP usually takes about 90 days to process. If she leaves before she gets one or the other then you would have to start the whole process all over again from Canada.

You are doing everything right so far and she certainly did not enter the US illegally or as EWI, nor have you committed any sort of visa fraud. You have every right to proceed with the Adjustment of Status application right now and the sooner you get started on it the sooner it will be approved. Once your wife has the EAD she will be allowed to work in the US, she will be able to get an SSN and she will probably be able to get a driver's license if she needs one.

Download the forms, at any rate, and read over what you need - and as I said, you will be able to educate the 'specialist' on base who is supposed to - but obviously doesn't - about immigrating to the US from Canada as a spouse who entered the US with no intention of getting married at the time.

Good luck - and stay connected here to VisaJourney - you will find all of the help you need here.

Edited July 26, 2008 by Kathryn41

[Infantry Grunt 0]

thank you for that clear and helpful explanation! It is good news

[Reba 2]

If you cross the border at a manned POE station then you are not EWI. If you crawl over across some farmer's field, or if you slingshot yourself across the river with a giant slingshot, THEN you're EWI. And of course if you watch Mythbusters, you know this is not even possible.

[Infantry Grunt 0]

hahaha. thanks!

[Flames9_RN 358]

Keep in mind this is an 'infantry" guy. They enjoy crawling on their bellies, digging fox holes to evade detection. Don't miss those days,lol

[Infantry Grunt 0]

we love that stuff, but our spouses don't. gone too many hours, hahaha

[Infantry Grunt 0]

Well, update... after talking with the base legal rep and being told that laws have changed and that I-94s are being issued to Canadians, we bantered a bit, and she made some calls. Turns out some gates actually are issuing them, but the one we went through is not, so we're good to go. However, she wants us to submit the entire package together, and I must say I'm amazed by the utter mountain of paperwork. So that's what's on our plate at the moment, wish us luck

Second, quick question. She was issued the wallet size birth certificate. How would she go about getting the full size one needed for the paperwork? I don't think putting it on a copier and pressing 400x the size will produce a quality document. thanks

[Flames9_RN 358]

The long form birth cert isnt that big, it just as extra info on it--her parents names!! Vital statistics from her province of birth should have them. They should have a web address. i ordered mine online from SK.

[Infantry Grunt 0]

she's from Ontario. does Ontario have a website?

[CanadiCAN 0]

Here is a link to an official government website that may help with the birth certificate issue.

https://www.orgforms.gov.on.ca/eForms/start.do

Hopefully that helps!

[Infantry Grunt 0]

thanks, stumbled upon that a few minutes ago!

[emt103c 10]

Glad you educated the base rep! Definitely keep an eye on your own paperwork though, there is a lot, and no one will care as much about YOUR case as YOU do.

Good luck!

[Emancipation 2]

I love you guys....

Way to be informative and accepting..

Oh Canada!!! (Forum that is )

[Infantry Grunt 0]

nice to find a forum where I can actually get worthwhile help