Confused: American Sponsoring Canadian Husband

[Penguins]

My husband and I have been married for 5 years and together for over 10. We have lived in Canada for almost that entire time.

I am American and he is Canadian. I recently got a job in the US and moved back to the US. He came down with me and I would now like to sponsor him for a family visa and permanent residence.

He doesn't have any American documentation. He just crossed the border with his Canadian passport.

How do we go about this? What forms are we going to need to fill out? The I-130 and I-130A? And the I-485? Can we do an I-485 if he doesn't any American status?

We're very desperate and worried. We don't want to and cannot afford to live apart from each other. Thank you for any help you can provide.

[newacct]

First, he has status. A Canadian visitor is admitted into B2 status for 6 months.

Second, he doesn't need to have status. As long as he entered legally, he is eligible for Adjustment of Status as the spouse of a US citizen. File I-130 and I-485 together. (Also recommend filing I-765 for EAD and I-131 for Advance Parole at the same time too; they are free.) Each for has many required supplementary forms and documents.

[Penguins]

Thank you so much for the help and other suggestions. That should be very helpful.

Interesting, I didn't realize that there was an official status for that. I knew he could stay for 6 months with no documentation.

This might be a dumb question, but I've read "as long as you enter legally" many times and to be honest I don't fully know what that means. Is that just crossing a border at a port of entry?

At the time we came down my husband had planned on returning to Canada in a couple weeks and we were going to file at that point... however, the job he was planning on going back to fell through and now we feel it's better for us to file from here. They won't consider that illegal entry because he didn't return after a couple weeks will they?

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First, he has status. A Canadian visitor is admitted into B2 status for 6 months.

Second, he doesn't need to have status. As long as he entered legally, he is eligible for Adjustment of Status as the spouse of a US citizen. File I-130 and I-485 together. (Also recommend filing I-765 for EAD and I-131 for Advance Parole at the same time too; they are free.) Each for has many required supplementary forms and documents.

Also, I assume this is a given, but we need to file a I-130 and I-130A correct? And is there a I-485A as well? Or is there just a I-485?

[newacct]

It's legal entry if the officer saw him and let him through. If he went through a border crossing, he entered legally, unless he hid in the trunk or something. Even if someone didn't have a visa or passport and needed one to enter, but the officer let them through anyway, that is still a legal entry (but I digress).

[NettieL]

It is also about intent. If he didn't travel with the intent to apply for AOS, then it was a bona fide entry.

[Adrian Gruber]

Canadian Citizens

Some things to consider Penguin:
Canadians entering the US are not required to obtain a visa provided they are not seeking gainful employment when they cross.
Since your spouse travelled under a Canadian Passport and was legally inspected he may have a received and I-94 document or stamp in his passport. (This is critical for your AOS as its asked for in the I-485)
Legal Inspection for Canadians can be a wave on from a CBP officer to a downright stop and inspect.

[Penguins]

Thanks

Thank you Netti and newacct, it's much appreciated.

@Adrian
Once he's legal allowed to work he will certainly be looking for employment so we will need to get him a Visa.

They did not stamp his passport when we entered by car. Nor did they stamp it when we flew to Florida from Canada a couple months ago. I'm not sure why they didn't stamp it.

[NettieL]

I-94 Website

You can look up the I-94 history here:

https://i94.cbp.dhs.gov/I94/#/home

He will get an Employment Authorization Document (EAD) at some point during the application process. (It used to take 3 months, apparently it now takes 4 months when you apply from within the US)

https://www.uscis.gov/i-765

@newacct gave good information about which forms to file concurrently and this includes the I-765

[Penguins]

Thank you for the links.

This is strange... his most recent I-94 is from when we flew into the US a couple months ago and there's no record of him crossing the border by car. Do they not issue I-94s when you cross by land?

[newacct]

Thank you for the links.

This is strange... his most recent I-94 is from when we flew into the US a couple months ago and there's no record of him crossing the border by car. Do they not issue I-94s when you cross by land?

Canadian visitors usually do not get I-94s when entering by land. This is normal.

[Penguins]

Canadian visitors usually do not get I-94s when entering by land. This is normal.

Phew... we thought something must have gone wrong. So I guess he just doesn't have official documentation of his B2 status.

[NettieL]

That is interesting. I crossed the border last summer by land and it shows on my I-94 history.

[Penguins]

All of the advice is so appreciated. It's really helped to give us some direction.

I just have a couple more questions.

1. Is a physical required with the I-485 paperwork?

2. Do we send the I-130, I-130A, I-485, I-765 and I-131 all together? In the same envelope?

[newacct]

1. Is a physical required with the I-485 paperwork?

A medical. Yes. You can submit it with I-485 or later, but since spouse cases are very fast it is better to submit it with I-485 so there won't be delays later. (The only reason to do the medical later are for cases where the visa bulletin dates retrogress or something so it takes more than 1 year in which case the medical expires.)

2. Do we send the I-130, I-130A, I-485, I-765 and I-131 all together? In the same envelope?

Yes.

[Penguins]

Thank you yet again. You've been so helpful. This place is such an amazing resource.