Canadian applying for a GC through marriage to a USC

Hi Everyone,

I'm a Canadian citizen who will be married to a USC in the very near future. I was going over the forms to apply for my Green Card and in a couple of spots they ask for the entry date from my I-94 as well as a copy of my I-94. However, since I am Canadian and last entered the USA as a visitor, I have no I-94 or passport stamp. Will this be a problem? What should I put since I don't have an I-94 to refer to? FYI - I did overstay as a visitor though and will be 100% honest on my entry dates, etc.

Also, they ask for the city and state where I last entered the USA. I entered through Toronto Pearson airport - should I use "Toronto, Ontario" as my POE or is there a corresponding US POE (on actual US soil) I should use instead?

Thanks for your help!

Be careful. Since you are not legally in US, you cannot adjust status 'normally'. I would be consulting with a lawyer before submitting any document that a dmits you overstayed.

There are provisions that will 'forgive' the overstay, but this is not for this board.

Look at visajourney.com for overstay issues.

Hi!
I'm a canadian citizen and I married my american husband in February of 2009. SInce then, I've been travelling back and forth between Canada and US a couple of months at a time as a visitor... (my job allowed me the flexibility). We finally decided to file all the documents (I130, I765, I485) on my last trip to the US in July of 2010. I received my Notice of Action almost 3 months ago, but nothing else. Is that normal? When should I be expecting my work permit?
Has anyone been is this situation?

-- Thu Oct 14, 2010 8:28 am --

You're not required to have an I94 as a canadian entering the US, so it's not an issue. Your only problem might be your overstay... however I think you'll just have a fine to pay... If I remember correctly to adjust status (Form I485)from within the US on an overstay, the fine is $1000 BUT don't quote me on it.

Once you filed those docs, have you remained inside US? You needed to file and have an approved I-131 before you left US, otherwise your I-485 (and thus I-765) are considered abandonned.

Assuming you've stayed in US, your I-765 should be approved in 2 months after I-130 is approved.

I did remain in the US. I heard that I need an AP to leave the country. Does it usually take this long for I130 to be approved?? It's almost been 90 days!! Is there anything I can do to speed up the process? I need to start working soon.

I did remain in the US.

Good to hear.

The USCIS website has current processing times for all types of applications, and you can monitor the petition status online, too. You can evemn make an appointment to ask what stage yo uare at. But don't expect any 'information' just a status update.

The wait is part of the process if your adjust from within US -- nothing you can do.
Your other choice to have no lapse in work would have been to apply for GC from outside US, while still working in Canada, and then come down.

Thanks a lot for your response.
I've been following my case status online but nothing has changed in the past 3 months... I guess I'll just have to be more patient. Do you know what I should expect next? I've read that I should've gotten a biometrics appt. a month after having filed, but even that, I never received.

While they *sometimes* work on various petitions concurrently, I'm guessing they are taking no action on your I-765 and I-485 until your I-131 is approved.

I'm thinking you should have gotten a Receipt notice for each of your petitions; I'd feel safer if I had all three (you only mentionned 1 notice of Action).

I received a Notice of Action (I797-C) for each of them dated July 23rd, 2010.

Each notice will tell you what to expect.