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I think I went about this all wrong and need help

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  • I think I went about this all wrong and need help

    I am Canadian and married a man from the USA in August of 2002. I have been staying here in the USA up until now and we do have paper work to fill but am having a hard time answering the questions because we never filled out a fiance form. I did get a medical already back in September and really want to start working as soon as possible but not sure what Eligiblity Class I am under. Who fills out the Adit Information sheet? I also don't have a I-94 form so I am really concerned about that and not sure what to do. I have not been able to find any lawyers in this area and really hope someone can help me out. Thank you for all who reply and who can help me.

  • #2
    I am Canadian and married a man from the USA in August of 2002. I have been staying here in the USA up until now and we do have paper work to fill but am having a hard time answering the questions because we never filled out a fiance form. I did get a medical already back in September and really want to start working as soon as possible but not sure what Eligiblity Class I am under. Who fills out the Adit Information sheet? I also don't have a I-94 form so I am really concerned about that and not sure what to do. I have not been able to find any lawyers in this area and really hope someone can help me out. Thank you for all who reply and who can help me.

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    • #3
      As a Canadian, you are the only national that won't necessarily need proof of your legal entry into the US (such as an I-94) since Canadians do not need visas or passports to be admitted into the US. If you came to the US by airplane, you would have been issued an I-94 and may have to apply for a replacement (INS form I-102). If you entered at a border crossing, it is not uncommon to be waived through without the INS issuing any document. However, you are still required to be inspected and admitted to the US, so if you came to the US without being inspected by the INS (or in some places, a US Customs or USDA agent) then you are here illegally. Currently, anyone who entered without inspection (EWI) is ineligible for adjustment of status. The INS officer reviewing your adjustment application may require you to complete a sworn affidavit stating the date and location of your entry into the US.

      You should have filed for adjustment of status as the spouse of a US citizen. Your local INS office should be processing your I-130/I-485.

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