Trying to get Canadian fiance to US

[valerieg76 0]

ok here goes my story lol

Some people have given me some advice so now I am just clarifying with people who are either in this exact process or starting it.

I am a US Citizen with a Canadian fiance. We have a child together (born in the US). We have been together for over 3 years and our son was born in October 2009. We have gone back and forth to visit one another. Up until recently, our plan was to live in Canada. The only reason we haven't done so yet is I own a house and I am working trying to save up money. We had his family get the info for me to migrate to Canada with our son. Then my fiance came to visit us a couple months ago. I was actually thinking of selling my house in order to move. With the economy in the state it is, I would lose money if I sold my house. We came to the decision that we wanted to stay in the US.

I found this website and told my story and was ready to apply for the k1 fiance visa, but was hesitant since that can take 6 months to a year and my fiance would have to leave the states at his 6 month point and possibly be away from us for up to 6 months or more!

Some other people mentioned getting married asap here in the US and then applying for an AOS. Since when he crossed the border, he didn't have intent of staying here (we were then planning on going to Canada AND he still has his apartment in Canada with all of his belongings there and he hasn't given notice yet). I read the guides and understand the process but I just get scared by the wording of "banned". It says if you are not eligible for i-130/AOS and you apply, you can get banned. How does one know if you can do that. He is ok with not being able to leave the states until his green card is issued. We are ready to get married in a day's notice if I know for sure this is the right way to go. I have contacted all types of law firms and no one has returned my calls. I am so nervous

Also it asks for anm i-94 from the immigrant. I can tell you my fiance does not have anything like that. They never gave him anything when he crossed...no stamps, no papers, nothing. Half the time they didn't even look at our IDs.

I just want to make sure I do the right thing. Any advice would be greatly appreciated!

[trailmix 77]

They don't normally stamp the passport of a Canadian or give them an I-94 - so don't worry about that.

As I mentioned in your other thread, you seem like candidates for adjustment of status, so i'm not really sure what you are asking. If you want someone to 100% guarantee you that he won't be asked about his intent when he crossed the border and they will believe that he had none - no one can guarantee that - if they do then they are not telling you the truth.

The adjustment of status is a legal way for him to apply for permanent residency in the U.S. There is nothing shady about it if you are following the rules. Based on what you have posted, you are doing that.

[valerieg76 0]

They don't normally stamp the passport of a Canadian or give them an I-94 - so don't worry about that.

As I mentioned in your other thread, you seem like candidates for adjustment of status, so i'm not really sure what you are asking. If you want someone to 100% guarantee you that he won't be asked about his intent when he crossed the border and they will believe that he had none - no one can guarantee that - if they do then they are not telling you the truth.

The adjustment of status is a legal way for him to apply for permanent residency in the U.S. There is nothing shady about it if you are following the rules. Based on what you have posted, you are doing that.

Thank you so much (again)! I am just so nervous with other people telling me that marrying him first will cause problems. I have more people (including a lawyer) telling me this is the way to go. So now on to get our marriage license and tie the knot. Then the hard part lol (paperwork and waiting).