So first of all, I entered the us with my American girlfriend at the time from the Canadian border, I was never issued an I-94 form or interviewed because I crossed as a visitor, i was told I should cross as a visitor and deal with immigration within USA because it will be easier. We got married within a month of me arriving. Now I have 1 month left of my 6 months I'm able to be here due to financial troubles to put together the applicationS, I have got everything I need except for my I-94. How would I go about receiving one and would I be able to stay in the USA? Once I reach the 6 months am i screwed? Any help is greatly appreciated.
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Originally posted by Confusedk1 View PostSo first of all, I entered the us with my American girlfriend at the time from the Canadian border, I was never issued an I-94 form or interviewed because I crossed as a visitor, i was told I should cross as a visitor and deal with immigration within USA because it will be easier. We got married within a month of me arriving. Now I have 1 month left of my 6 months I'm able to be here due to financial troubles to put together the applicationS, I have got everything I need except for my I-94. How would I go about receiving one and would I be able to stay in the USA? Once I reach the 6 months am i screwed? Any help is greatly appreciated.
Now since you're a visitor, you cannot proceed with a fiance visa route (Green Card - AOS as a K-1 beneficiary), you have to file the Adjustment of Status (AOS I-485) as an immediate relative to the US petitioner.
Your other option could have been to leave and come back into the US using your K-1 visa but you cannot do this anymore because you're already married. Marriage prior to using the K-1 visa actually voids the K-1 status and visa.--Good luck--
Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.
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Originally posted by Confusedk1 View PostSo first of all, I entered the us with my American girlfriend at the time from the Canadian border, I was never issued an I-94 form or interviewed because I crossed as a visitor, i was told I should cross as a visitor and deal with immigration within USA because it will be easier. We got married within a month of me arriving. Now I have 1 month left of my 6 months I'm able to be here due to financial troubles to put together the applicationS, I have got everything I need except for my I-94. How would I go about receiving one and would I be able to stay in the USA? Once I reach the 6 months am i screwed? Any help is greatly appreciated.
At this point, you guys should just file I-130 and I-485 for Adjustment of Status. You don't need an I-94 -- just put "none - Canadian visitor" when it asks for I-94 number. Canadians entering by land are often don't get an I-94. So if you checked the CBP I-94 site and can't find one, you just don't have one.
This is my personal opinion and is not to be construed as legal advice.
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