Happily married Canadian!

[carolinamoon]

Hello all, and thank you for providing this valuable service. What a relief to find these forums!

I have a couple (hopefully) quick questions, and I'd appreciate any insight/information.

I'm a Canadian Citizen, married to a US citizen. The marriage took place in Canada, as my husband also has Canadian citizenship. We entered the US just a couple months ago, NOT intending to stay here for long..just to help his folks with selling their home.
Now my husband wants to stay here. The problem is, when we entered the US, I entered as a visitor. I DID NOT misrepresent myself while entering, I didn't intend to stay more than a month. Will this be a mark against me, that I entered as a visitor and am now immigrating? Should I return to Canada and file from there?

I did not recieve an I-94 number at the border. They don't usually issue them to Canadians, since we can stay up to 6 months without a visa. Should I file the I-120 ( application for initial/replacement I-94) with my application package?

Ok. That wasn't as quick as I'd hoped. Thanks in advance to anyone who can give me heads up!
Cheers and Happy New Year!!

[PraetorianXI]

You can not file for a initial/replacement I-94 if you were never issued one.

The fact that you entered the USA as a visitor and now intend to immigrant WILL work against you. I advice you to go the "easy" way and return to canada and file for a k-3 visa.

It should take 3-6 months for it to be approved and you can come to the USA and adjust your status lawfully.

[carolinamoon]

Thank you so much for your quick response!
I should mention that we do have quite a bit of supporting evidence regarding our temporary status.
-Residence, joint bank accounts and credit cards in Canada
-Signed affidavit from my husbands parents stating that our plans as revealed to them were to help sell their house, and then leave the country.
-Signed affidavit from my husbands current employer, stating that the company was informed that my husband was intending a temporary stay.

Our original plan was for my Husband to take the Foreign Service Officer training, which takes about 6 months. During that time, I'd sell the house for his folks, and then we'd go to our first posting, therefore leaving the States. My husband didn't make it through the initial exam, but we have documentation supporting his taking the test, which shows our intent to leave the country. Hmmm..that sentence sounds a little vague. I hope it makes sense.
If we were to present this information at the AOS interview, would that make a difference? It wouldn't be the worst thing in the world to wait it out in Canada...but I'd like to exhaust all my options first. It's nice here. Much warmer than Canada.
Thanks again, I appreciate all your time and valuable advice.
Carolyn

[carolinamoon]

Whoops! One more thing...I understand that the k series visas are for Fiancees? We're already married, so that doesn't apply. If I was to go to Canada, I suppose I'd have to wait for my 1-130 to process, then enter as an immigrant?
Thanks again.

[PraetorianXI]

You can file for AOS right now, but the burden of proof that he did not enter with immigrant intent is on him. Affidavits have little effect on this evidence.

Also, K-1 visas are for fiancees, K-3 are for spouses, K-2 for dependents (children) of either K-1 or K-3 holders.

Here is the link to the information you need for AOS right now: https://www.immihelp.com/family-base...ons-in-us.html