POE by land with no I-94

[JulieG 0]

My husband is an American and we were married in Florida last October. Since then we lived in Canada for 13 months and had our child. We have since relocated to Louisiana where he is from. We came by land and therefore I did not recieve an I-94. I now know I should have started the process while I was in Canada. How do I go about starting my CR-1 under these conditions. I have been here since December 08. It is my understanding that I, as a Canadian, am legally a visitor for 6 months, how do I prove when I came through the border.

Thanks for any help on this, I am at my wits end with the complicated look of everything to be done,

Julie

[Killer_Clown_2009 0]

Did you check out the adjustment of status forum? If you are already in the US and didn't intend to immigrate when you entered, you can adjust your status from within the US. You would file the I-130 and I-485 concurrently (check out adjustment of status forum). That's the way that I did my immigration process. I didn't have to prove when or how I entered the US and didn't really have any proof, as they just looked at my passport and let me through.

[thetreble 19]

Did you check out the adjustment of status forum? If you are already in the US and didn't intend to immigrate when you entered, you can adjust your status from within the US. You would file the I-130 and I-485 concurrently (check out adjustment of status forum). That's the way that I did my immigration process. I didn't have to prove when or how I entered the US and didn't really have any proof, as they just looked at my passport and let me through.

Same with me! If you have a child, you might as well file AOS at this point.

[trailmix 77]

Welcome to VJ

You may want to have a look at this guide

Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US

Edited May 22, 2009 by trailmix

[JulieG 0]

Did you check out the adjustment of status forum? If you are already in the US and didn't intend to immigrate when you entered, you can adjust your status from within the US. You would file the I-130 and I-485 concurrently (check out adjustment of status forum). That's the way that I did my immigration process. I didn't have to prove when or how I entered the US and didn't really have any proof, as they just looked at my passport and let me through.

HOw did you proove that when you entered the US you had no intention of immigrating. If you can't proove that then it's fraud right, and you can be deported for god sakes.

Did you check out the adjustment of status forum? If you are already in the US and didn't intend to immigrate when you entered, you can adjust your status from within the US. You would file the I-130 and I-485 concurrently (check out adjustment of status forum). That's the way that I did my immigration process. I didn't have to prove when or how I entered the US and didn't really have any proof, as they just looked at my passport and let me through.

Same with me! If you have a child, you might as well file AOS at this point.

What is an AOS..thanks

Welcome to VJ

You may want to have a look at this guide

Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US

Thanks for your help, I'll take a look. What about the fraud thing. How does one proove they had no intention of immigrating upon arriving?

[Emancipation 2]

Thanks for your help, I'll take a look. What about the fraud thing. How does one proove they had no intention of immigrating upon arriving?

Am I reading your summary right.. that you were married in the US, left and went to Canada for a year and then moved to the US via land POE and are trying to prove that you had no intent to immigrate?

[JulieG 0]

Thanks for your help, I'll take a look. What about the fraud thing. How does one proove they had no intention of immigrating upon arriving?

Am I reading your summary right.. that you were married in the US, left and went to Canada for a year and then moved to the US via land POE and are trying to prove that you had no intent to immigrate?

Yes, that is correct. We travelled down to Louisiana for Christmas to visit his people. While we were here his ex abandoned the marital home which was in his name alone. She was paying the note out of alimony. We had no choice but to take over the home. We were living with my mother in Canada. I had sold everything before I went to Iraq to work which is where we met. He didn't actually live with me in Canada full time. He is in the off shore oil industry and works 28 days on 28 days off.

So I have been setting up house ever since. I went and applied for a SSN because we were ill advised that this is all we needed to do with a marriage certificate. Now I know I have to start proceedings but I am nervous that I won't be able to prove my intent.

Thanks for listening,

JUlie

[Emancipation 2]

So.. you were working in Iraq during the 13 months you were in Canada? I'm really confused.. sorry, but it's a confusing timeline and sequence of events (sounds like QUITE the couple of years )

Edited May 22, 2009 by Emancipation

[trailmix 77]

Thanks for your help, I'll take a look. What about the fraud thing. How does one proove they had no intention of immigrating upon arriving?

Well basically it is circumstantial and I believe 'common sense' (as in a common sense approach) - and a bit of the honesty system.

If it looks fradulent - they will probably call you on it.

If you feel that your situation really doesn't not look fradulent but you would like our opinion - as Em mentioned, we need a timeline - it's not really clear from your posts.

Edited May 22, 2009 by trailmix

[JulieG 0]

So.. you were working in Iraq during the 13 months you were in Canada? I'm really confused.. sorry, but it's a confusing timeline and sequence of events (sounds like QUITE the couple of years )

Tell me about it. No, I sold all my stuff and went to Iraq in 2005 for 2 years to work for Haliburton that is where we met. In 2007 we were married in Florida at my Dads home. Moved back to Canada to have our baby (free health care) and stayed with my mother for this time, 13 months. Our lan was to naturalize him into Canada in time. Then in December of 2008 went to Louisiana so everyone could meet our daughter. His ex left the home and got married in Arkansas. We ended up staying here in Louisiana since December.

I know it's hard to follow. My concern is of course how I prove my intent. Our passports were shown at the border in Buffalo but were not stamped. I just am nervous to make a wrong move here and be deported somehow.

thx

[trailmix 77]

So.. you were working in Iraq during the 13 months you were in Canada? I'm really confused.. sorry, but it's a confusing timeline and sequence of events (sounds like QUITE the couple of years )

Tell me about it. No, I sold all my stuff and went to Iraq in 2005 for 2 years to work for Haliburton that is where we met. In 2007 we were married in Florida at my Dads home. Moved back to Canada to have our baby (free health care) and stayed with my mother for this time, 13 months. Our lan was to naturalize him into Canada in time. Then in December of 2008 went to Louisiana so everyone could meet our daughter. His ex left the home and got married in Arkansas. We ended up staying here in Louisiana since December.

I know it's hard to follow. My concern is of course how I prove my intent. Our passports were shown at the border in Buffalo but were not stamped. I just am nervous to make a wrong move here and be deported somehow.

thx

Well really you have to ask - what ties did you have in Canada when you went to Louisiana for Christmas.

Did either of you have a job? Own any real estate? Any ties at all?

The fact that your passports were not stamped and that you do not have an I-94 is of zero importance.

If you had no ties, if you have no proof that you didn't intend to immigrate when you crossed the border, then you have no choice (if you decided to do an AOS - adjustment of status) but to put in your application and hope no one questions it.

Edited May 22, 2009 by trailmix

[JulieG 0]

So.. you were working in Iraq during the 13 months you were in Canada? I'm really confused.. sorry, but it's a confusing timeline and sequence of events (sounds like QUITE the couple of years )

Tell me about it. No, I sold all my stuff and went to Iraq in 2005 for 2 years to work for Haliburton that is where we met. In 2007 we were married in Florida at my Dads home. Moved back to Canada to have our baby (free health care) and stayed with my mother for this time, 13 months. Our lan was to naturalize him into Canada in time. Then in December of 2008 went to Louisiana so everyone could meet our daughter. His ex left the home and got married in Arkansas. We ended up staying here in Louisiana since December.

I know it's hard to follow. My concern is of course how I prove my intent. Our passports were shown at the border in Buffalo but were not stamped. I just am nervous to make a wrong move here and be deported somehow.

thx

Well really you have to ask - what ties did you have in Canada when you went to Louisiana for Christmas.

Did either of you have a job? Own any real estate? Any ties at all?

The fact that your passports were not stamped and that you do not have an I-94 is of zero importance.

If you had no ties, if you have no proof that you didn't intend to immigrate when you crossed the border, then you have no choice (if you decided to do an AOS - adjustment of status) but to put in your application and hope no one questions it.

I had just had a child and was raising her. My husband works offshore in the oil industry so he is flown to his home by the company every 28 days for 28 days. So, obviously he flew to Canada every cycle. I lived with my mother so no real estate. We were in a whirlwind of transition with plans in the air.

Do you think it would be advisable to state in an affidavit my circumstances upon crossing and subsequent change of situation or just let it fly and let the chips fall.

thanks again

[trailmix 77]

I had just had a child and was raising her. My husband works offshore in the oil industry so he is flown to his home by the company every 28 days for 28 days. So, obviously he flew to Canada every cycle. I lived with my mother so no real estate. We were in a whirlwind of transition with plans in the air.

Do you think it would be advisable to state in an affidavit my circumstances upon crossing and subsequent change of situation or just let it fly and let the chips fall.

thanks again

There are people in the Canada forum that adjusted status after entering the U.S. without the intent to immigrate, i'm sure they can let you know what they did.

good luck

[JulieG 0]

Did you check out the adjustment of status forum? If you are already in the US and didn't intend to immigrate when you entered, you can adjust your status from within the US. You would file the I-130 and I-485 concurrently (check out adjustment of status forum). That's the way that I did my immigration process. I didn't have to prove when or how I entered the US and didn't really have any proof, as they just looked at my passport and let me through.

Hi

I was wondering, did you have an I-94 for you filings? Did you have to mention or prove your intent upon crossing into the US either to the person who recieved you at US Customs or in your forms. It says in the guide section here that if you can't prove you had no intent on immigrating when you are here on a tourist visa, which is I believe our status as Canadians when we cross into the U.S.

Any thoughts would be so appreciated.

[Killer_Clown_2009 0]

No, I didn't get an I-94 or file one with my application. At the border they asked where I was going. Then they asked why I was going there. I said I was going there to visit and staying for a couple of weeks. They did not ask to see proof of anything (another time, I had been asked for proof of employment, when crossing into the US with my now husband).

They may ask you to prove your intent at your interview, I am not sure. At my interview, it came up that my husband had lived with me in Canada for quite awhile, prior to me coming to the US and prior to the marriage. They didn't seem to care about that. In fact, they seemed to just want to get me through my interview as fast as possible (it was ten minutes total). The IO made a comment. "You are Canadian, so I am not worried about you getting married just to get a green card" (wasn't that nice of him?!?). I was concerned that they may ask about my intent, seeing as I had recieved all these dire warnings, but it did not happen.

I think the onus would be on you to prove that you did not have intent to immigrate, but I believe that they do not ask for that very often (at least from things I have seen in this and other forums). Maybe if they have some reason to be suspicious or think the marriage may be fraudulent.

You might want to make an appointment with someone at the local USCIS office, explain your situation and see what they say. We were advised to do the I-130/I-485 concurrently.

Edited May 23, 2009 by jane2009