I'm Canadian, husband is American

[nyx8606 0]

I'm a little bit confused here so I'm happy to have found a forum with some peopel who may be able to help

My husband and I got married last April, we intended for him to immigrate to Canada... however I got pregnant in July and then we weren't very sure what to do. I had our daughter this April and my husband saw some job openings in Florida for a job of his interest. We've decided if he can get the job then we will move down there.. but if he doesn't we will most likely stay in Canada.

Now we haven't started filing for either US or Canadian immigraton yet.. not until we finialize our decision. We crossed the border with our daughter (who has a canadian passport) the end of June. The officer said technically he could deny me entry but he let me through anyways and said to visit an immigration office while in Florida. We went to the office and the officer first said to not leave the US if I'm scared of being denied back in, wait to see what happens and then file to change status while in the US. He said we could also fill out an N-600 form for our daughter to make her a US citizen. Then he looked at my passport and the officer at the border had given me a B-2 visa... he said that if I tried to change status I could have problems. He then advised me to come back to canada and upon re-entry ask for an I-94.

Now I've been reading some and it it seems that Canadians don't need I-94s and I don't want to ask for something if it's just going to create a problem for me ... and then my daughter and I cannot see my husband for months.

I have a flight planned for Aug 19th... if I go and tell them I'm visiting family like I always do.. and while i'm down there my husband gets the job and we decide to stay... will I be able to file for an adjustment of status... or do I need to ask for this I-94 document at the border?

Thanks!

[trailmix 77]

You can file for an adjustment of status without an I-94.

There are possible other complications with this though. Generally when you travel to the U.S. you need to provide strong proof of ties to Canada - return ticket, mortgage or lease, letter from your employer stating when you are returning etc etc.

Do you have any of these things?

Whether or not they let you back in is entirely up to the person at your point of entry. If they think you are moving to the U.S. to take up residency they may well deny you. It is not legal to enter the United States under the pretense of a visit and then attempt to change your status to that of a permanent resident.

Edited July 23, 2009 by trailmix