Any Ideas guys? Passport question....

[tyriun_j 0]

Hello everyone!!!

Heres our situation: My fiance came through POE in Manitoba in July sometime. We really didn't think anything of it because what happened is her father is a truck driver and he was bringing her down to visit for her allowed 6 month period. They took her passport and didn't stamp it or anything. We're now 3 months into her stay down here and we have decided to go ahead and do the CR-1 visa and get married. We will be getting married and then filing for the CR-1 visa. My first and most important question is 1) Since they did not stamp her passport upon entry and did not give a I-94 at all, do we need to do anything when/if she leaves the country in December? 2) We decided to go with the CR-1 because of the processing times but I noticed it does ask for a medical exam and and an interview. This does have to be done in Canada correct? There is no way to do interviews and such in the states correct? I always thought the foreign consulate had to issue the visa at the interview. My biggiest worry is that when she goes to leave the country that they will show that she didnt have her passport stamped when it wasn't her fault that a lazy POE officer didn't do his job. She plans on being completely honest with them. Another thing is can we use the CR-1 VISA packet as a valid proof of doing things the right way when shes at the border? Reason I ask is she just moved back home with her mom and currently doesn't have a job. She doesn't have much as far as ties go to link her to Canada but thats because of her living situation. She didn't want to get a job due to her coming down here to visit. Can someone please shed some light about all this please? ( Especially the passport situation ). I've tried to call the US border and customs services number but all I get is a message that states they are so busy to try again later.

Thanks everyone

P.S. Please ignore the entire timeline as its pretty much not valid anymore and it needs to be redone

Edited September 8, 2009 by tyriun_j

[Malrothien 6]

Canadians do not require a visa to enter the US.

The interview and medical MUST be done in Canada.

[canadian_wife 1,823]

Have you looked into adjusting status? Your wife does not have to leave the US in order to adjust status to a permanent resident, assuming she did not intend to immigrate when she came to visit.

Good luck

PS - the POE officer was not lazy - rarely to they stamp a passport for a Canadian, even more rare is issuing an I-94 for a Canadian

[Carlawarla 1]

Have you looked into adjusting status? Your wife does not have to leave the US in order to adjust status to a permanent resident, assuming she did not intend to immigrate when she came to visit.

Good luck

PS - the POE officer was not lazy - rarely to they stamp a passport for a Canadian, even more rare is issuing an I-94 for a Canadian

Correct. If she is visiting you now (often Canadians don't get a stamp in their passport, so don't worry about that), and can stay, then you might as well just get married now and have her adjust status here in the U.S. The bottom line for this type of application is that she had no intent to marry and stay during this visit. Just remember, fill out the paperwork, she'll need to get a medical completed as well, and vaccinations if required. She will not be able to leave the country as well, or work, until she gets her GC. If she leaves, then she'll not be able to return until you get her visa, issued by the Consulate in Canada.

That would be the fastest way at this time, and most convenient as then you wouldn't be seperated. If she still wants to go back, then yes, you can start the process now, however she'll need her medical done and interview done in Canada. All CR-1 visa interviews are done in Montreal. The process while in Canada could take approximately 10 months or more.

Best of luck!