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Canadian Marrying U.S Citizen

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I'm in a bit of a complicated situation, and would appreciate some help. I will try to describe everything as clearly as possible.

When I was 14, my mom brought me to live with her in Minnesota. We are both Canadian citizens. She was on a student visa at the time, and has since gotten married to a U.S citizen. I was under the impression that I was here legally and was a permanent resident. but a few years later I found out that I was not, and that I actually came here as a tourist. By that time, I had met and began dating a U.S citizen, and now we are planning to get married. I turned 18 on May 25th of this year, and as I understand it I can stay here 180 days before I could potentially be banned from the country.

My question is, how do I go about obtaining legal status ? Can I apply for an adjustment of status since I came here as a tourist, or will all of the time I spent here illegally count against me ?

Thank you!

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You can apply for Adjustment of Status because you entered legally.

Note that the unlawful presence is kind of complicated for you because you are a Canadian citizen. Did you receive an I-94 when you entered? Canadian citizens often do not receive an I-94, especially when entering by land. If you did not receive an I-94, then you do not accrue unlawful presence just for staying past a certain date, because you have no I-94 date.

Also, even if you are accruing unlawful presence, the 3-year / 10-year ban is for accruing 180 days / 1 year of unlawful presence, and then leaving the US. So if you are accruing unlawful presence (which is doubtful), then you should either leave before accruing 180 days or stay and do Adjustment of Status.

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I'm not sure about the I-94, if that were to come up during the visa process can I just tell them that I don't know ? Is it possible that my mom could have filled out an I-94 on my behalf ? If so, can that affect my eligibility for a Visa ?

Thank you for you answer!

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I'm also in Minnesota and married a Canadian. They dont issue I-94s to Canadians so its kinda an odd thing.. you can't really get in too much trouble for overstaying because you weren't granted a specific time to stay..

As long as you do an AOS, and don't leave the country, you should be fine. Just follow the guide at the top of the page.

BTW, there is a local group called "Canada to Twin Cities" that has a facebook group. Lots of people on there provide local support for those going through the process :)

Adjusting from F-1

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received
09/03/2013 - NOA hard copies received

09/09/2013 - Biometric appointment letter received
09/23/2013 - Biometrics appointment (completed)

10/01/2013 - status online changed to "Testing and Interview"

10/28/2013 - EAD in production
11/06/2013 - EAD received
11/08/2013 - Interview/Approved with RFE for long form birth certificate

12/03/2013 - sent in birth certificate

12/14/2013 - got notification green card in production
12/24/2013 - Green card

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