Canadian with No I-94 Will Be Adjusting Status & Filling Out Form I-130 Needs Advice!

[Civic Girl]

Canadian with No I-94 Will Be Adjusting Status & Filling Out Form I-130 Needs Advice!

What is the name of your state?What is the name of your state? California

I am a Canadian who entered the US with just my Drivers License and Birth Certificate. With that being said, I didn't receive an I-94. I am planning to marry my boyfriend of 4 years soon and because I have been visiting for a year, I am subject to having a ban put on me. I understand that it isn't necessesary for Canadians to fill out form I-102 to receive a new I-94. If anyone can confirm this for me, that'd be helpful. So what I'm needing to do next is to adjust my status. Does anyone know the process for doing this? Will we need to file form I-130 first or do we need to do the adjustment of status. Also, does anyone know where form I-601 in which we need letters of extreme hardship regarding my spouse fit in? If anyone can help me with any advice, that'd be great. Thank you in advance!

 

[ImmigAttyLana]

The I-601 waiver is not applicable if you are not planning to leave the US and, given that you've overstayed your authorized period of stay, I would strongly suggest AGAINST leaving the US until after you get your permanent resident status.

Once you get married, you can file the I-130 and the entire adjustment of status packet, including the advance parole travel document application and the application for employment authorization and wait for t he interview to be scheduled. This is a process that you can do yourself if you feel confident to do so, or you can retain the services of an experienced immigration attorney.

Please let me know if you have any additional questions or need further assistance.

 

[Civic Girl]

Confirm?! Canadians don't need an I-94 to AOS

I'm in California. Thanks for replying to my post and helping me out! Can you confirm for me that because Canadians aren't issued I-94's at the border, if the are going to adjust their status because of marriage to a USC, all that is necessary when filling the forms out is proof of Canadian Citizenship. I also believe it is not necessary for a passport in my case. If you can give me any advice on this, it'd be very helpful thank you!

 

[ImmigAttyLana]

Yes, it is true that you do not need a I-94, but you still need to be able to document that you entered the US legally, so you need to have some type of proof of when you entered and under what circumstances. So, if you have receipts, for things like tolls, bridge/tunnel, gas on either side of the border for that date or similar things like that, you will need that to establish when you entered and how.

Please let me know if you have any additional questions or need further assistance with this matter.