Inspection at Canadian Border

[Denise Bienville 0]

I am a U.S. Citizen. My husband is Canadian. My husband drove into the U.S. about 8 months ago. He presented his passport at that time. They scanned his passport at that time but they did not stamp it or tell him a date by which he needed to return to Canada. I filed an I-130 about a year ago for him and it was approved. Now we want to file to adjust his status. However, I've been told that people who entered "without inspection" are not eligible to adjust status. Does anybody know what that means? Was it an "inspection" when he presented his passport to the guy at the border? They asked him about two or three questions but didn't stamp his passport or anything.

Thank you for your help,

Denise

[Krikit 1,166]

He went through inspection when he crossed at the POE. If he had entered without inspection he would have snuck across where there is no inspection station.

[CDAgirlMI 51]

They don't stamp your passport when you drive.

[Deputy Purple 1,294]

But wait....

You say the I-130 was approved, so did he ever file for the Visa (CR/IR-1)?

If he didn't then I would worry about attempting to adjust status as it is very clear that he had immigrant intent when he drove across the US border and entered on the VWP (or whatever they call it between the US & Canada).

[Krikit 1,166]

Yeah, sorry. I forgot to mention that. Canadians don't get their passport stamped at a land POE. The only time they do that is if they are shortening the amount of eligible time you can stay in the US. In other words, it's not a good thing to have your passort stamped if you are a Canadian.

[VanessaTony 3,567]

I am a U.S. Citizen. My husband is Canadian. My husband drove into the U.S. about 8 months ago. He presented his passport at that time. They scanned his passport at that time but they did not stamp it or tell him a date by which he needed to return to Canada. I filed an I-130 about a year ago for him and it was approved. Now we want to file to adjust his status. However, I've been told that people who entered "without inspection" are not eligible to adjust status. Does anybody know what that means? Was it an "inspection" when he presented his passport to the guy at the border? They asked him about two or three questions but didn't stamp his passport or anything.

Thank you for your help,

Denise

So he entered USING the CR-1 visa?.. it seems like he didn't tell them at the border that that's what he was doing... do CR-1 applicants get an envelope with their file in it like K1's do? I'm a little confused because he would have needed to tell them he was entering as a CR-1 so he had all the "official" stuff done. It sounds like he entered as a normal Canadian entry and now his CR-1 visa is void so you would need to do a spousal visa AOS, meaning pay money to adjust status now that he's entered as a spouse (it's another fee included)... but you also have the issue like stated above where he entered with immigration intent... I feel like I'm missing something... maybe I just don't know enough about CR-1 but it sounds like he didn't do what he needed to at the border to enter using his CR-1 visa...

Don't CR-1's get a greencard immediately? So really your filing for ROC from the 2 year conditional? If he didn't enter using the CR-1 then he did indeed enter with immigration intent and I don't know how that will look...

Edited February 1, 2010 by Vanessa&Tony

[Denise Bienville 0]

So he entered USING the CR-1 visa?.. it seems like he didn't tell them at the border that that's what he was doing... do CR-1 applicants get an envelope with their file in it like K1's do? I'm a little confused because he would have needed to tell them he was entering as a CR-1 so he had all the "official" stuff done. It sounds like he entered as a normal Canadian entry and now his CR-1 visa is void so you would need to do a spousal visa AOS, meaning pay money to adjust status now that he's entered as a spouse (it's another fee included)... but you also have the issue like stated above where he entered with immigration intent... I feel like I'm missing something... maybe I just don't know enough about CR-1 but it sounds like he didn't do what he needed to at the border to enter using his CR-1 visa...

Don't CR-1's get a greencard immediately? So really your filing for ROC from the 2 year conditional? If he didn't enter using the CR-1 then he did indeed enter with immigration intent and I don't know how that will look...

Thank you all so much for your advice. When we first got married, we hired a lawyer who was supposed to get him the visa. My husband was waiting in Canada for his interview and I was here. Then I discovered I was pregnant. My husband still had not gotten the visa when our son was to be born, so he drove down for the birth of our child - just presenting his passport at the border. My husband didn't want to go back to Canada but he knew he might have to. He kept calling the attorney to try to figure out what to do. At first, the attorney kept putting us off, telling us not to worry. Then, she wouldn't return our phone calls at all. Finally, we went to the attorney's office and she was no longer with that office. Turns out, she never filed anything but the I-130, no visa application or anything. By that time, my husband had been here for over six months and was scared to go back because he might get stuck there - away from us. Then, we were going to file the I-485 but someone told us that if he entered without inspection, he would get deported. He did talk to the guy at the border, and the guy scanned his passport but he doesn't have a stamp or any proof. Would the border people have a record? That's why I was worried about that. I don't even know what to put in these spaces re: current status and when it expires. If we can file this application, then we will just have to tell them the truth about what happened with the baby, and the lawyer and all that, and hope for the best. Right now he can't work or get a driver's license and we paid a lot of money to that attorney. I'm so upset...

[VanessaTony 3,567]

Thank you all so much for your advice. When we first got married, we hired a lawyer who was supposed to get him the visa. My husband was waiting in Canada for his interview and I was here. Then I discovered I was pregnant. My husband still had not gotten the visa when our son was to be born, so he drove down for the birth of our child - just presenting his passport at the border. My husband didn't want to go back to Canada but he knew he might have to. He kept calling the attorney to try to figure out what to do. At first, the attorney kept putting us off, telling us not to worry. Then, she wouldn't return our phone calls at all. Finally, we went to the attorney's office and she was no longer with that office. Turns out, she never filed anything but the I-130, no visa application or anything. By that time, my husband had been here for over six months and was scared to go back because he might get stuck there - away from us. Then, we were going to file the I-485 but someone told us that if he entered without inspection, he would get deported. He did talk to the guy at the border, and the guy scanned his passport but he doesn't have a stamp or any proof. Would the border people have a record? That's why I was worried about that. I don't even know what to put in these spaces re: current status and when it expires. If we can file this application, then we will just have to tell them the truth about what happened with the baby, and the lawyer and all that, and hope for the best. Right now he can't work or get a driver's license and we paid a lot of money to that attorney. I'm so upset...

Okay. Firstly, remember, everything WILL be okay.

File the I-485 with the I-130 which is the spousal petition. Here is the guide: http://www.visajourney.com/forums/index.ph...page=i130guide2. It sounds to me from your story that although he didn't want to leave, he had all intentions to do so. The PROBLEM is he was your spouse when he entered so they might decide that that alone is immigration intent. The majority of time (I think, someone can correct me) this petition is used when people come to visit, get married on a whim, and decide to stay.

How far over his entry date is he? As long as he's under 180 days from the normal expiration of his visitor visit, then he will avoid a ban (and even then there is a hardship waiver). This is the SAFEST way. If you get him to go back and file a CR-1. It is a pain but it does give him time to get everything in order back home (sell stuff, pack and send stuff etc). He can finally work again so he can support you guys (and I'm sure he'll feel better doing something, I know I don't like just sitting here), he can still visit while it's pending, and then when he gets there he immediately gets a greencard so he can continue to work. It is a bit of a wait but it IS the safest option in my opinion.

Good luck with your decision.

[bassagitator 1]

My wife entered without inspection, and is now going through the immigration process. You should be fine.

Edited to add-- She just entered "Visitor" in that field on the I-485. And they have accepted that as her entry.

Edited February 2, 2010 by bassagitator