complicated questions?

[brighteyes3 0]

Okay, so my husband and I got married October 21st, 2010. I'm currently living with him, we haven't filed the paperwork, cause well we don't know where to start. We called the USCIS yesterday; which didn't really help... I think we were left with more questions then answers. My husband asked what we can do, since when I entered the United States on October 8th, they never stamped my passport. The guy he talked with said our best bet is for me to go back to Canada and then enter back into the US and ask them to stamp my passport. BUT, usually my luck going through the border is horrible and they always are difficult with me. So in order for us to file the I-130 (I think) I have to be here, in the States! Anyways, I guess I need anyone's help whose had to go through this. Also, my husband and I disagree about something, he thinks that when we file our paperwork if they ask if we planned to get married we say yes we did. But I don't think we should because we'd only been talking (more) seriously about it two days before. I dunno, like it wasn't completely planned.

I hope this makes some sense and anyone with good input about what we can do, would be awesome. We did have contact with an immigration attorney, but he's a flake and stopped returning calls. And considering the USCIS guy basically told my husband, send your wife back to Canada and then have her return and ask the customs officer to stamp her passport... that seems like our only option really. UGH, okay... feel free to ask questions and I'll try to answer them as best as I can.

[belinda63 2,981]

If you enter the US with the intent to immigrate this is fraud so DO NOT leave the US and return to file the AOS (adjustment of status).

Refer to the guides at the top you will need to file the I-130, I-485, etc along with the medical, copy of your marriage certificate, etc. It is fairly easy to do but their is a large cost involved.

From what you are saying I gather you are from Canada and it is not unusual to not obtain a stamp when you enter the US, USCIS knows this and won't expect you to provide one.

I think Kittyfang is in the same process and is also from Canada so maybe she could pop by and offer some advise?

[Barbara J 115]

Okay, so my husband and I got married October 21st, 2010. I'm currently living with him, we haven't filed the paperwork, cause well we don't know where to start. We called the USCIS yesterday; which didn't really help... I think we were left with more questions then answers. My husband asked what we can do, since when I entered the United States on October 8th, they never stamped my passport. The guy he talked with said our best bet is for me to go back to Canada and then enter back into the US and ask them to stamp my passport. BUT, usually my luck going through the border is horrible and they always are difficult with me. So in order for us to file the I-130 (I think) I have to be here, in the States! Anyways, I guess I need anyone's help whose had to go through this. Also, my husband and I disagree about something, he thinks that when we file our paperwork if they ask if we planned to get married we say yes we did. But I don't think we should because we'd only been talking (more) seriously about it two days before. I dunno, like it wasn't completely planned.

I hope this makes some sense and anyone with good input about what we can do, would be awesome. We did have contact with an immigration attorney, but he's a flake and stopped returning calls. And considering the USCIS guy basically told my husband, send your wife back to Canada and then have her return and ask the customs officer to stamp her passport... that seems like our only option really. UGH, okay... feel free to ask questions and I'll try to answer them as best as I can.

What visa did you enter with? K1 or did you just come for a visit and then stay and get married?

[Pegworth 2]

Canadians don't get a stamp or need a stamp to enter the US sometimes they stamp for flights or coming in from Europe.

I was not required to provide a stamp or I-94 etc because Canadians don't get them to enter.

You do not need a stamp as a Canadian for Adjustment of Status.

If you file your paper work and you entered as visitor intending to change your immigration status thats fraud it's called immigrant intent and you will be denied and perhaps have a ban if you overstay.

If your not married yet you could file for a K-1 fiancé visa and enter the country with that it's for 90 days I think then get married. If you get married on a visit be safe go back to Canada and file a CR-1 you can visit while that is pending.

If you tell them your thinking about getting married you will have hard time coming in just as a visitor.

If you want to sleep at night and be sure you can be together in the US either go the K-1 or CR-1 route that's what USCIS wants you to do.

[Pegworth 2]

What visa did you enter with? K1 or did you just come for a visit and then stay and get married?

I guess a B-2 visitor on the Canadian VWP which is different than all the other VWP because you don't check the no-contest box that has caused some denials of VWP overstays for AOS.

[Darnell 8,478]

Hey - welcome to Visa Journey !! We've a great guide section here - please read it

and decide if you wish to apply for a visa OR file to adjust status. These are 2 different things, decision never made lightly.

*** not a K-3 visa topic - moving to IR-1/CR-1 forum, for now ***

[Barbara J 115]

I guess a B-2 visitor on the Canadian VWP which is different than all the other VWP because you don't check the no-contest box that has caused some denials of VWP overstays for AOS.

So it says she is married so yeah her best bet would be to go back to canada and apply for CR1 or stay and apply for AOS and see what happens mmm but like Darnell said she needs to read the guides for both big decision to make.